Indian Penal Code, 1860, Section 302, 307, 149, 148, 341 -- Death of D1 and D2 homicidal - Grave and serious injuries to PW1 - Evidence of doctor clear, categorical and unambiguous that PW1 was in a fit condition to give statement - Statement of PW1 recorded by PW11 in presence of doctor wherein he gave detailed version of incident - His testimony corroborated by medical..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree - Setting aside - Wife had knowledge of decree of divorce - She did not file any application and had rather concocted a ground that she later came to know about the second marriage - Husband remarried after 5 months of passing of exparte divorce decree - Marriage not unlawful - Application for setting..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Emphasis in the provision is on common object and not on common intention - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object - Where common object of an unlawful assembly is not proved, the accused persons cannot be..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - The crucial question to determine is whether the assembly consisted of five or more persons and whether the said persons entertained one or more of the common objects as specified in S.141 IPC - It cannot be laid down as a general proposition of law that unless an overt act is proved against a person, who is..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Object - Meaning - Means the purpose or design and in order to make it 'common' it must be shared by all...........
Indian Penal Code, 1860, Section 149 -- Common object - For determination of common object of unlawful assembly, the conduct of each of the members of the unlawful assembly, before and at the time of attack and thereafter, the motive for the crime, are some of the relevant considerations...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object can reasonably be collected from the nature of the assembly, arms it carries and behaviour at or before or after the scene of incident...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is not necessary for prosecution to prove which of the members of the unlawful assembly did which or what act...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Proof - Murder - Gun shot injuries - All the accused came to the spot together - Four of them armed with guns and three were in possession of cans containing kerosene - Four accused fired gun shots on deceased, two sprinkled kerosene on person of deceased who had fallen on the ground and remaining one set him..........
