Indian Penal Code, 1860, Section 302, 307, 326, 149 -- Unlawful assembly - Common object was limited to attack PW5 and deceased and not to murder deceased - Even if death is caused accused who infact inflicted injury on deceased could be convicted for murder and rest of accused are liable to be convicted u/ss 307/149, 326/149, 325/149 etc...........
Indian Penal Code, 1860, Section 34 -- Common intention - Factum of appellants coming armed with deadly weapons to the field where the deceased and his party were harvesting the crop itself shows that the appellants did share common intention...........
Indian Penal Code, 1860, Section 302, 34 -- Common intention - Whether it was to murder the deceased or was it to merely assault in an attempt to take possession of the disputed land - Accused nine in number armed with deadly weapons came to the field where deceased and his two brothers were harvesting crop - Motive, nature of injuries and fact that there were also..........
Indian Penal Code, 1860, Section 149, 141 -- Common object is different from common intention - Common object 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..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is not really necessary to determine as to which of the accused persons forming part of the unlawful assembly inflicted what particular or specific injury in the course of the occurrence - Actual conviction of less than five, or that, case projected certain one or more persons as having inflicted injury but the..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Evidence established that accused formed an unlawful assembly common object of which was to kill deceased - Acquittal of accused who actually fired shot at deceased, would not wipe out application of S.149 IPC...........
Partnership Act, 1932, Section 14 -- Partnership property - Property used for partnership purposes is necessarily not the partnership property - Property belonging to a partner does not become partnership property by being used for the purpose of partnership - There must be some evidence of an intention to treat the property as a part of the capital of the business - Where..........
Evidence Act, 1872, Section 114(e) -- Presumption as to official acts - Section 114(e) of the Act raises a presumption that all official acts must have been performed regularly and that the common course of business has been followed in particular case...........
Indian Penal Code, 1860, Section 149 -- Unlawfully assembly - Once a person is found to be member of unlawful assembly and participates in commission of an offence in prosecution of common object of that unlawful assembly, he cannot escape liability by plea that he did not cause serious injury...........
Indian Penal Code, 1860, Section 302, 34 -- Conviction of appellant for offence of murder by his having shared a common intention with co-accused his father - Considerable discrepancies in evidence of witnesses as to language used by accused in causing exhortation to co-accused and not such act of exhortation attributed in initial report - Held, accused cannot be convicted..........
