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1 - 10 of 13 (0.29 seconds)Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 353 in The Indian Penal Code, 1860 [Entire Act]
Section 332 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Malsingh And Ors. vs State Of M.P. on 3 February, 2000
16. Learned senior counsel for the appellant submitted that there
was no common intention and the incident might not have happened if
the Patwari had agreed for measurement of land in presence of
accused but his denial was not pre-supposed, therefore, there was no
common intention of all the accused persons behind the incident and
further the witnesses have admitted that both the sides have thrown
stones on each other and accused were also injured in the incident.
Therefore, it is a case of free fight between the parties which was a
result of denial of Patwari for measurement in the presence of
accused. Further, the Patwari has gone to the spot without any order
from the Revenue Court and without giving any intimation to the
accused persons who were having possession over the disputed land.
Therefore, it cannot be said that accused persons were pre-supposed
that Patwari will deny for measurement in their presence and for which
they have to use force against Patwari and other persons. Since,
stones were thrown by both the sides and there was free fight all the
appellants cannot be convicted for the offence punishable under
Section 302 of IPC with the help of Section 149 of IPC. Hon'ble Apex
Court has held in the matter of Puran vs. State of Rajasthan AIR
1976 SC 912 which was followed by this Court in the matter of
Malsingh vs. State of M.P. 2000(3) MPLJ 66 that in a case of
sudden mutual fight between two parties there can be no question of
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