Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 14 -- Murder - Accused took deceased to a doctor which shows absence of intention to kill him - However, absence of intention to kill is not relevant as injuries found by PW3 on the face of deceased which were not the ante mortem injuries establish that before throwing the body of the deceased in a..........
Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - Common object is different from 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 same object in view and their number is five or more and that they act as an assembly to achieve the object...........
Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - Common object is different from 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 same object in view and their number is five or more and that they act as an assembly to achieve the object...........
Indian Penal Code, 1860, Section 376, 376D -- Nature of offence - Rape or Gang rape - Accused had physical relationship with prosecutrix on more than one occasion and same was disclosed to her parents only when they had noticed her to be pregnant - Prosecutrix refers to incident on the day she was said to have been taken away by all accused - However, there is no evidence..........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder case - Testimony of PW1 and PW2 - PW1 and PW2 have categorically stated in their evidence that accused fired shots with their weapons and killed deceased persons - It is also established that accused `S' was also carrying a half gun - Cumulative reading of evidence of PW1 and PW2 along with other material evidence..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - if co-accused suddenly pulled out his kirpan and assaulted deceased, that was his individual act for which he has been convicted u/s 302 IPC - Conviction of accused u/ss 302, 34 IPC has not been established, therefore his conviction altered to Ss.324, 110 IPC and sentenced him to period already..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Common intention - Role assigned to accused is merely that he caught and hold deceased to detain him during incident - Act of accused was deemed to have been committed by all accused in furtherance of common intention to murder deceased and he shall be deemed to be..........
Indian Penal Code, 1860, Section 302, 326, 324, 34 -- Murder - Prior enmity between parties - Accused gave blows with axe and knife to deceased, consequently he died - Testimony of injured witnesses who were with deceased on the day of incident is quite natural and trustworthy - Though incident happened in the night but there was source of light, as headlight of vehicle..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Common intention - Accused was not attributed presence and participation in quarrel and scuffle between co-accused and deceased as per eye witness version - Even, it cannot be said with certainty that accused shared common intention with co-accused to commit murder of deceased or accused had done something `in..........
Indian Penal Code, 1860, Section 34 -- Common intention - Attempt to murder - Attack was apparently pre-mediated - Incident was not in a spur of moment - Accused had previously threatened complainant with physical harm if he attempted to irrigate his fields - Attack on complainant was thus, pre-planned and calculated - Nothing on record that complainant caused any..........
