AIR 1980 SUPREME COURT 573 ::1980 Cri App R (SC) 115 ::1980 UJ (SC) 300 ::(1980) 3 SCC 68 ::1980 SCC ( Cri) 523 ::(1980) Sim LC 279 ::(1980) SC Cr R 178

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): S. Murtaza Fazal Ali, Anand Dev Koshal , JJ

(A) Penal Code (45 of 1860) , S.147, S.148, S.149— No evidence as to formation of unlawful assembly with common object - Sudden fight on spur of moment - Accused cannot be convicted under Sections 147, 148 or 149. Decision of Madras High Court, Reversed. Where there was no satisfactory evidence to prove the formation of any unlawful assembly with the common object of committing crimes alleged and the whole fight started suddenly on the spur of the moment in a heat of passion the accused though more than five in number, could only be liable for the individual acts committed by them and could not be convicted under Ss. 149, 148 or 147. Decision of Madras High Court, Reversed.(Para 4) (B) Penal Code (45 of 1860) , S.302, S.304 Part I— Injury sufficient to cause death in ordinary course of nature caused on vital part of body - Offense is murder - Part I or II of S. 304 not attracted. @page-SC574 Where the medical evidence showed that one of the injuries caused by the accused was on the chest which cut a part of the thoracic Aorta which was main portion of the heart and also, fractured 8th and 9th ribs on the right side of the chest and that injury was sufficient in the ordinary course of nature....