Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Property dispute - Prior enmity between parties - Two accused persons fired on deceased and injured witnesses - Four empty cartridges of DBBL gun recovered from place of occurrence which was assigned to accused `D' (since died) - No empty cartridges recovered which was said to be used by country made pistol assigned..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Place of occurrence - Non-collection of blood stained earth - Accused pleaded that there was contradiction regarding place of occurrence - Plea rejected as statement of PWs and I.O corroborate the fact that deceased was beaten at the place shown in site plan - Non-taking of blood stained earth from the place of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All the four accused persons appeared at the scene of occurrence armed with deadly weapon and have actually participated in the commission of alleged offence by causing injuries to deceased by their respective weapons - There were strained relations between both the parties - Medical evidence not in..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Provision of S.149 IPC is no longer available to prosecution for convicting appellants whose number is reduced to 4 consequent upon acquittal of remaining accused persons - Conviction qua appellants u/s 149 IPC set aside...........
Indian Penal Code, 1860, Section 364A, 302, 34, 120B, 201 -- Kidnapping for ransom - Murder - Common intention - In furtherance of common intention, accused No.1 persuaded PW8 to pay the ransom amount even before there was such demand from accused Nos.3 & 5 - Courts below rightly held that accused No.1 had the common intention of kidnapping and committing murder of..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unfit and unsafe for human habitation - Rebuilding - Whether the construction is possible on common wall is to be seen when the building is to be reconstructed and it is between the neighbours and landlord to resolve this issue at the time of building and rebuilding - Tenant is estopped from disputing..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - Accused assembled with common object to threaten and prevent deceased and other persons from contesting College elections - They were armed with deadly weapons - Actions of all accused and injuries inflicted on the body of deceased substantiate the fact that they also have common intention to kill..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Several accused persons went to the room of informant at mid of night after murder of his father and nephew - It cannot be said that there was no common object between them...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Common object - Two deceased persons died due to fire arm injuries in their field and third one was killed in her house - Accused persons were identified by PW2 & PW4, even though there was no source of light but after hearing the fire shots PW4 came outside with his torch and saw the accused persons even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate the relief of mandatory injunction of alternative site for second bridge - One common tender was called for construction of two bridges and one single agreement was signed - Terms and conditions for both the bridges are same - Amendment seeking relief of..........
