Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code s. 149. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Trial - Unlawful assembly - Acquittal of accused - Conviction of less than five - Legality of - Indian Penal code, s. 149. The facts alleged by the prosecution were these : The first appellant brought with him in a truck to the scene of the occurrence a mob of 40 to 50 persons including the other two appellants and four other persons who were acquitted by the trial court. The first appellant fired a shot from the gun which he was carrying which hit Laldeo Singh on the chest as a result of which he fell down. Thereupon none of the acquitted persons fired from his gun and the shot hit Laldeo Singh again. Thereupon another of the acquitted persons fired a shot at Laldeo Singh which killed him instantaneously. The first appellant fired two shots at one Deva Singh who was hit on his thigh. The other two appellants assaulted Deva Singh with lathis of the seven persons charged, four were acquitted. The appellants were conviĀ· cted under s. 304 Part II read with s. 149 of the Indian Penal Code by the trial court. On appeal the High Court altered their conviction into one under s. 326 read with s. 149 of the Indian Penal Code but maintained the convictions under s. 147 and s. 426 of the Indian Penal Code. It was contended before the Supreme Court that as there was no appeal before the High Court against the acquittal of the four acquitted persons who were alleged to have constituted the unlawful assembly along with the appellants there could be no finding that there was an unlawful assembly of which appellants were members and therefore, were liable for the acts of other members thereof and that an accused person cannot be held liable vicariously for the act of an acquitted person. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1963 INSC 17 |
Petitioner | Ram Bilas Singh & Ors. |
Respondent | The State Of Bihar |
SCR | [1964] 1 S.C.R. 775 |
Judgement Date | 1963-01-29 |
Case Number | 73 |
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