Indian Penal Code, 1860, Section 302, 307, 149, 148, 341 -- Death of D1 and D2 homicidal - Grave and serious injuries to PW1 - Evidence of doctor clear, categorical and unambiguous that PW1 was in a fit condition to give statement - Statement of PW1 recorded by PW11 in presence of doctor wherein he gave detailed version of incident - His testimony corroborated by medical..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Emphasis in the provision is on common object and not on common intention - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object - Where common object of an unlawful assembly is not proved, the accused persons cannot be..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - The crucial question to determine is whether the assembly consisted of five or more persons and whether the said persons entertained one or more of the common objects as specified in S.141 IPC - It cannot be laid down as a general proposition of law that unless an overt act is proved against a person, who is..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Object - Meaning - Means the purpose or design and in order to make it 'common' it must be shared by all...........
Indian Penal Code, 1860, Section 149 -- Common object is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack - It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object - 'Common object' of an assembly is to be ascertained..........
Indian Penal Code, 1860, Section 302, 148, 149, 326, Explosives Act, 1884, Section 9 -- Conviction by trial Court - Acquittal by High Court - Trial Court held evidence cogent and credible after referring to various aspects of the case - It was not open to High Court to discard evidence by observing in very generized terms that evidence lacks credibility and cogency -..........
Indian Penal Code, 1860, Section 302, 149 -- Offence u/s 302 read with S.149 IPC against 15 persons - Public Prosecutor during course of trial conceded that no offence is made out against accused Nos.2 to 15 - Despite this Court convicted accused No.12 - Reasons given by High Court and conclusions drawn by it convicting the appellants found not defensible - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 326, 323, 148, 149 -- Pre arrest bail - Offence u/ss 324, 323, 148, 149 & 326 IPC - Injuries attributed to petitioners simple in nature - Accused to whom injury attributed as grievous in custody - Pre-arrest bail allowed...........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Acquittal by High Court - Non mention in FIR that PW1 and PW4 witnessed the occurrence - Medical evidence not supporting the ocular version - Several unexplained circumstances making prosecuting case doubtful - Order of acquittal upheld...........
Indian Penal Code, 1860, Section 149 -- Common object - For determination of common object of unlawful assembly, the conduct of each of the members of the unlawful assembly, before and at the time of attack and thereafter, the motive for the crime, are some of the relevant considerations...........
