appellate court--Whether permissible.
Indian Penal Code , 1860: Sections 302, 34 and
149- -Offence of murder--Several persons charged--All accused
except one acquitted ... could not be convicted with the aid of Section
34 or 149 IPC , since the acquittal of the co-accused created
a legal bar against
Indian Penal Code (Act XLV of
1860), ss. 34,149,302.
HEADNOTE:
The appellant and his brother were put up for trial on
charges under ... irregularity amounting to illegality.
In cases coming under ss. 34 , 114 and 149 of the Indian
Penal Code the charge against persons actuated
trial
before the Additional Sessions Judge under s. 302 read with
s. 149 of the Indian Penal Code and other sections thereof
for murdering ... test, even though
mechanical, was not unreasonable.
(v)..Punishment prescribed by s. 149 of the Indian Penal
Code was in a sense vicarious and that
SCALE (1)685
ACT:
Indian Penal Code , 1860:
Sections 141 , 149 , 299 , 300 , 302 and 326-Unlawful assembly-
What is-Six accused charged with offences ... under section 302
read with section 149-Two acquitted-Effect of-Held other
four being less than five would not be members of unlawful
assembly
Indian Penal Code - S. 302 read wth S. 148 and 149-Murder-
Effect of belated F.I.R. when fatal.
HEADNOTE ... Court reversed the
order of acquittal and convicted them under S. 302 / 149
citations: 1990 AIR 2134, 1990 SCR SUPL. (1) 401, 1990 (4) JT 149, AIR 1990 SUPREME COURT ... Supl. (1) 401
1991 SCC (1) 166 JT 1990 (4) 149
1990 SCALE (2)464
ACT:
Code of Criminal Procedure , 1973: Section
149, (1999) 3 CHAND CRI C 217, (2000) 1 PAT LJR 117, 2000 (1) SCC 471, (1999) 4 CUR CRI R 344, (2000) 1 CRIMES
Indian Penal Code (XLV of 1860), ss. 149,302-Conviction
under s. 149-Conviction of less than five persons-When
proper-Sentence for transportation-Enhancement ... trial
judge-Propriety-Evidence-Relationship of witness to
deceased.
HEADNOTE:
Before s. 149 of the Indian Penal Code can be applied, the
court must find
responsible. Under the Indian Penal Code , two
sections, namely, sections 34 and 149 , deal with the
circumstances when a person is vicariously responsible ... person can be
vicariously responsible for the acts of others is section 149 in
the Indian Penal Code .
49. We would briefly like to deal
accused persons for offences including under
Sections 302 and 149 , I.P.C. and sentencing them to life imprisonment and
acquitting the remaining ... rest of the accused
under Section 302 read with Section 149 , I.P.C. All the accused were also
found guilty for the commission
