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    <title>2004 (8) TMI 706 - Supreme Court</title>
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    <description>Where the evidence showed a group assault but only two accused caused injuries to the deceased, the fatal result was due to the cumulative effect of injuries not individually sufficient in the ordinary course of nature to cause death, and the surrounding circumstances did not establish a common object to kill. Convictions under Sections 302/149 and 302 IPC were therefore unsustainable, and liability was confined to grievous hurt under Section 326/149 IPC. The evidence against A-5 was inconsistent and unreliable, with no satisfactory proof of active participation in the assault, so the reversal of his acquittal was unjustified and his acquittal was restored.</description>
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    <pubDate>Mon, 02 Aug 2004 00:00:00 +0530</pubDate>
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      <title>2004 (8) TMI 706 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=176799</link>
      <description>Where the evidence showed a group assault but only two accused caused injuries to the deceased, the fatal result was due to the cumulative effect of injuries not individually sufficient in the ordinary course of nature to cause death, and the surrounding circumstances did not establish a common object to kill. Convictions under Sections 302/149 and 302 IPC were therefore unsustainable, and liability was confined to grievous hurt under Section 326/149 IPC. The evidence against A-5 was inconsistent and unreliable, with no satisfactory proof of active participation in the assault, so the reversal of his acquittal was unjustified and his acquittal was restored.</description>
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      <pubDate>Mon, 02 Aug 2004 00:00:00 +0530</pubDate>
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