Additional Sessions Judge (Shahdara) vs State Of A.P on 24 December, 2014
FIR No
centre consisting of Shopping
Centre, Multiplex, along with all its common areas,
staircases, terraces, roof, façade, basements, ingresses and
egresses, parking plant and machinery ... mean built up area plus
walls plus column footprints plus share of common areas and
amenities like corridors, lobbies, staircases, lifts, escalators,
electrical machine rooms
accused Bhawar Singh. In the open
terrace/balcony of accused Bhawar Singh, all accused
persons having common object were sitting armed with their
weapons. Accused ... prosecution story, the accused persons
were sitting together in the terrace/balcony (open chhatt) of
accused Bhawar Singh. They were more than 5 in number
unlawful assembly with common object of killing Chodam
Mallikharjuna and P.W.1 - Bochu David. In pursuance of the
common object, accused ... accused, both P.W.1 -
Bochu David and Chodam Mallikharjuna went to terrace of the
hotel, but all the accused attacked them on the terrace
along with
Bhala came on the spot and in pursuance of the common object to
kill, Lakhan opened his first fire on the members ... injuries. Thereafter Lakhan made second fire on the complainant
party from the terrace of his house which hit the stomach, chest and
armpit of Kallu
terrace along with
their son CW3 Rajeev, at about 11.30 p.m., the accused
persons after forming themselves into an unlawful assembly
with the common ... they entered the terrace and first accused kicked CW1 over his
stomach and accused Nos.2 and 3 fisted on him on his chest
house and climbed the terrace of the house of the
complainant alongwith other co-accused persons with common
intention. Custody period is less. On such
Section 302 / 149 is not
made out. There was no common intention or no common object of
the assembly as can be gathered that ... Baburam.
[19] It is pointed out that Bachan Singh reached his own
terrace and fired gunshots causing death of Pancham, where
admittedly Bachan Singh
deceased and Ramchandra and certain other persons were
sleeping on a Tiwaria (terrace), the assailants entered the
place and Ramhans shot Gabde dead with ... there armed variously and that all had
entered the place with the common intention of committing
the offences.
Ramhans had absconded and so the appellant
that the act constituting the
offence was done in prosecution of the common object of that
assembly, or the act done is such ... assembly
knew to be likely to be committed in prosecution of the common
object of that assembly. However, the prosecution has not discharged
this burden