Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Case falls into category of culpable homicide not amounting to murder u/s 304(Part II) IPC for the reasons : (i) There was no pre-meditation of mind to commit murder; (ii) All the accused were admittedly not armed when they stopped the vehicle of deceased and his friends and compelled them to alight..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Fire arm injury - Role ascribed to co-accused/parents of main accused was of initial exhortation - Co-accused stated to have exhorted accused to teach a lesson to deceased - However, co-accused exhorted accused `P' but exhortation given by main accused was immediately before shot was fired and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Physical presence of accused at the site of actual commission of crime and deposition of independent witnesses about their role, clearly establishes that it was for purpose of facilitating offence - Consistent testimony of all eye witnesses was clear that accused were part of attack, they played an active role in..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Quarrel took place between accused and complainant - Main accused took out a pistol and opened fire - Prosecution miserably failed to establish any common, premeditated or prearranged intention jointly of accused and main accused to kill complainant on the spot or otherwise - Prosecution..........
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..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Attack was not a premeditated one nor was there a prior concert - Initially settlement talks were on and fight started suddenly - Accused were not armed as they collected sticks from bullock card on the exhortation by A-1 - There may be similar intention in the minds of accused but it cannot be said..........
Indian Penal Code, 1860, Section 302, 307, 459, 34 -- Murder - Common intention - PWs have assigned only role of exhortation to accused - No specific role assigned to accused - Specific role of assaulting with sword against co-accused - No evidence on record to prove that appellant had common intention to commit crime with her husband/co-accused - False implication of..........
