Indian Penal Code, 1860, Section 149 -- 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 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 149, 302, 353, 326, 414, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(4) -- Several persons present at the house of accused - Huge arms and ammunition found - Raid by police - On seeing police party, firing at police started - Counter firing causing death of a person - Held, S.149 rightly applied - Principles of..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 72, 161, Criminal Procedure Code, 1973, Section 366 -- Mercy Petition - Death Sentence - All material facts including mitigating factors not placed before Governor - Mercy petition rejected without there being proper consideration of all relevant factors - Governor was deprived of the opportunity to..........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 302 -- Murder - Evidence of witnesses whose statements are recorded u/s 164 Cr.P.C. is to be assessed with caution and if there are circumstances on record which lend support to the truth of the evidence of such witnesses, it can be acted upon - In the instant case, statements of PWs believed..........
Indian Penal Code, 1860, Section 34 -- Common intention - It being essentially a state of mind it is very difficult to produce direct evidence to prove such intention - It has to be inferred from the act like, the conduct of the accused or other relevant circumstances of the case - Inference can be gathered by the manner in which the accused arrived at the scene, mounted..........
Indian Penal Code, 1860, Section 34 -- Common intention - Three accused came together - Only one of them had grudge against deceased - Two accused caught hold hands of deceased and third accused stabbed the deceased on vital parts - Two accused did not prevent third accused from attacking - This leads to an irresistible and in inescapable conclusion that the accused..........
Indian Penal Code, 1860, Section 307 -- Intention to cause death - Injury inflicted simple - Held, determinative question is intention or knowledge and not nature of injury - It is not essential that bodily injury capable of causing death should have been inflicted - Whether there was intention to kill or knowledge that death will be caused is a question of fact and would..........
Indian Penal Code, 1860, Section 307 -- Sentence - Altercations took place at the time of husking paddy - No pre-meditation or planning of the attack - Sentence reduced to five years...........
Indian Penal Code, 1860, Section 471 -- Forgery - Ingredients - (i) fraudulent or dishonest use of document as genuine - (ii) knowledge or reasonable belief on the part of person using the document that it is a forged one - To attract section 471 it is not necessary that accused himself had forged the document or person independently charged for forgery of the document..........
Indian Penal Code, 1860, Section 471 -- Words and Phrases - Intention - Knowledge - Reason to believe - Are state of mind - Reason to believe is not the same thing as suspicion or doubt and mere seeing also cannot be equated to believing - Reason to believe is a higher level of state of mind - Knowledge is slightly on higher plane than reason to believe - If a reasonable..........
