Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - There was no preconceived common object of eliminating the members of complainant family and group - In the scuffle that took place between parties, one blow came to be inflicted on the head of deceased, which proved fatal - However, this by itself cannot be reason to conclude that there was any..........
Indian Penal Code, 1860, Section 149 -- Common object - To demonstrate common object, there can never be direct evidence and it will have to be culled out from the entirety of facts and circumstances of case if there existed any common object and the very offence committed in persecution of common object...........
Indian Penal Code, 1860, Section 302, 149, 427, 447, 323 -- Murder - Trivial with regard to grazing of cattle - Appellants were grazing their cattle in fields of `P' - But they were not armed with weapons and had no common object to murder - Deceased assaulted with lathi and axe which are common objects kept by villagers - Nature of head injury on deceased confirms that..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object to murder cannot be inferred only on the basis that weapons carried by accused were dangerous...........
Indian Penal Code, 1860, Section 302, 326, 149 -- Murder - Unlawful assembly - Common object - Finding of commission of offence u/ss 326, 149 IPC can be recorded against members of an unlawful assembly even if it is established that offence u/s 302 IPC was committed by one member of such assembly...........
Indian Penal Code, 1860, Section 302, 324, 325, 149, 34 -- Murder - Unlawful assembly - Common object - Accused allegedly formed an unlawful assembly, armed with weapons attacked the complainant and caused injuries to others who came to his rescue - Attack made by accused does not show that there was common object of murder amongst the accused - No previous enmity between..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Accused went to the house of complainant armed with gun and lathis - This visit was preceded by a scuffle which had taken place just before that - All accused came with clear motive in mind to bodily harm the members of complainant family with common objective - A calculated action was spearheaded -..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred on the spur of moment and in an uncontrollable, embittered and agitated state of enragement, thus, depriving accused of their power of self control - There was no pre-mediation or prior concert on the part of accused to commit murder of deceased - Though during assault, accused were..........
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149 -- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were sufficient in..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Common object - Property dispute - A-1 caught hold of deceased and A-4 dealt with lathi blows - Other accused persons who were standing nearby did not play any role in attacking deceased - Only act attributed to them is that they shouted `Maro sale ko' - Mere utterance of said words would not mean that they wanted..........
