basis of the constructive
guilt under Section 149 is mere membership of
the unlawful assembly, with the requisite
common object or knowledge."
42. While
basis of the constructive guilt under
Section 149 is mere membership of the unlawful
assembly, with the requisite common object or
knowledge."
23. While
wall in question was constructed prior to 2 years of the incident
dated 16/05/2006. But, he has no knowledge whether any
document
Shaminabee.
Although the aforesaid report is not based on the
personal knowledge of the Police Patil, it indicated that
Shaminabee had died of an accident ... removing a quilt from the tin roof of a shed
constructed in front portion of the house. On the basis
of the aforesaid report
should be upheld by this Court.
12. Section 149 IPC creates a constructive or
vicarious liability on the members of the unlawful
assembly ... constructive guilt under Section 149 IPC is mere
membership of the unlawful assembly, with the
19
requisite common object or knowledge. This
Section makes
with fine, or with
both, if the act is done with the knowledge that it is likely to cause death, but
without any intention ... above quoted section, if the act is
done with the knowledge that it is likely to cause death, but without any intention to
cause death
chhatak and 10½ ft. it belongs gto him and he has got
constructed kacha house of six rooms with asbestos roof and he himself ... apparent although the house belongs to Manoj Sinha and the same was
constructed by his father, Ram Ayodhya Singh Arya and his son himself
During cross-examination, PW1 Ganpati clearly
admitted that he has no personal knowledge about the incident of
his brother Bapurao's murder. Moreover, omissions ... incident and in categorical terms he admitted
that he has no personal knowledge about the incident of his
brother Bapurao's murder, and therefore
well. The Spot Panchnama of the well indicates that the same was constructed
with stones in the field and a diesel engine is fitted ... side portion of one row (of stones) is partly collapsed.
No special knowledge is required to be proved when an imminently dangerous act
is committed
recovery of the knife from a place, which was
exclusively in the knowledge of the accused, clearly points towards
the guilt of the accused ... cremation
ground. PW20 also stated that there was one public convenience
constructed in the park, but that has not been shown in the site
