Murder--Doctrine of Parity--Appellant submitted that there is a parity between the co-accused persons and while other were convicted under Section 304 Part II IPC he alone has been convicted under Section 302 IPC--However, appellant had given a fatal blow on the neck with aruval and injury caused by such act proved fatal--Plea of parity rejected.

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Unlawful Assembly--Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was attracted by that common object is one those set out in Section 141 IPC

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Writ appeal--Dismissal on cryptic grounds--In matters involving constitutionality, it would not be open for High Court to dismiss writ appeals on cryptic grounds.

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Criminal Law--Murder--Common intention--Prosecution case that appellant alongwith other accused murdered the deceased--Evidence of PWs 2 and 3 did not attribute any overt act to the appellant--Mere fact that he was in the company of accused who were armed would not be sufficient to attract Section 34 I.P.C.--It is undisputed that appellant was not armed and he has no animosity with the deceased

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Co-sharer--When a co-sharer sells his share in the joint holding or any portion thereof and puts the vendor into possession of land in his possession what he transfers is his right as a co-sharers in said land and right to remain in its exclusive possession till joint holding is partitioned amongst all co-sharers---Sale of subsequent portion of land out of joint holding by the co-owners is nothing but a sale of a share out of the joint holding and is pre-emptible under Section 15(1)(b) of Act

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Eye-witness--Simply because the eyewitnesses did not make any attempt to save the life of the deceased from the clutches of the accused persons, their abnormal conduct by itself cannot be taken as a ground to disbelieve and discard their testimony.

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Will can be proved by examining at least one witness--Alongwith it has to be shown that it was free from suspicious circumstances--Transfer of Property Act, 1882, Section 3--Evidence Act, 1872, Section 68--Succession Act, 1925, Section 63(c).--It may be true that deprivation of a due share by the natural heir by itself may not be held to be a suspicious circumstance but it is one of the factors which is taken into consideration by the courts

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Accident--Gratuitous passengers--About 30-40 persons were travelling in the tempo truck--All 30-40 persons by no stretch of imagination could have been the representatives of the owners of goods. Insurance company not liable Accident--Ordinarily an allegation made in FIR would not be admissible in evidence per se but tribunal would be entitled to look into same where allegations made in FIR had been made a part of the part of claim petition.

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Contention that prior to the amendment rules, the promotion to the cadre of District Judges was based on the principle of "Seniority-cum-merit" and now as per amended rules pursuant to the directions of Supreme Court, the principle has now been changed to "merit-cum-seniority" and this has seriously affected the rights of the members of the Civil Judges (Senior Division)--Contention rejected

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Mortgage--Whether a document is mortgage by conditional sale or a sale with a condition of repurchase is a vexed question--One of the ingredients for determining the true nature of transaction, therefore, is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale--Indisputably, the said condition is satisfied-- Transfer of Property Act, 1882, Mortgage--In a case where deed of mortgage is executed with a condition of repurchase, the amount of consideration remains the same.

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