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Showing posts with label Sections 147. Show all posts
Showing posts with label Sections 147. Show all posts
Sunday, May 11, 2014

Sections 147, 148 and 302 IPC -mere presence or association with other members alone does not per se be sufficient to hold everyone of them criminally liable for the offences committed by the others Apex court held that there is no legally acceptable material to prove that the appellants acted as members of unlawful assembly to connect them with the murder of the deceased Korma Rao. At any rate in the absence of reliable evidence to prove that the appellants were either present on the spot or that they had committed any overt act that could show that they share the common object of the unlawful assembly it is not possible to support their conviction and benefit of doubt has to be given to them. = Nagesar … Appellant(s) versus State of Chhatisgarh … Respondent(s) = 2014 ( May.Part) http://judis.nic.in/supremecourt/filename=41527

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  Sections 147,  148  and  302  IPC - mere presence or association  with  other  members  alone does not per se be sufficient to hold every...
Wednesday, April 23, 2014

Sections 147, 148, 324, 307, 302 read with Section 149 of the IPC - powers of appellant court --- not to disturb acquittal due to possibility of other view - Trial court acquitted the accused - High court reversed the judgement and convicted - Apex court held that Finally, we must note that the High Court has not stated why it felt that the trial court’s view was perverse. It has not stated what were the compelling reasons, which persuaded it to disturb the order of acquittal. As noted by this Court in several decisions if two reasonable views are possible, the appellate court shall not disturb the order of acquittal because it feels that some other view is possible. The reasonable view which reinforces the presumption of innocence of the accused must be preferred. In our opinion the trial court’s view was not perverse. It was taken after thorough marshalling of evidence. It was a reasonably possible view. The High Court erred in disturbing it. In the circumstances, the appeals are allowed. = Nallabothu Ramulu @ Seetharamaiah & Ors. … Appellants Vs. State of Andhra Pradesh … Respondents= 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41440

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 Sections 147, 148, 324, 307, 302 read with Section 149 of the IPC  - powers of appellant court --- not to disturb acquittal  due to possib...