Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: Section 149-Prosecution of common object Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:Section 149-Prosecution of common object-Liability of members of an unlawful assembly-Proof in respect of-Held: Mere presence in an unlawful assembly could not render a person liable unless there was common object, that he was actuated by it and that it, was one of those set out in S. 141 IPC-However, proof of an overt act not necessary-But common object once formed need not continue to be the same-The effect of S. 149 may be different on different members of the same assembly.Section 149-Definite roles-Not ascribed to each accused-Effect of--Held: It is not necessary to ascribe definite roles to each accused to attract s. 149.Section 149-Applicability of-Eight accused persons attacked the deceased--C and S held pistols-C fired a shot at deceased but it did not hit him-But the shot fired by S was fatal-Trial court acquitted S as his father's name was described wrongly and convicted other accused persons--High Court altered the conviction to one under S. 304 Part I read with S. 149-Effect of-Held: The evidence on record clearly established that there was an unlawful assembly whose common object was to kill the deceased--That being so acquittal of S did not wipe out application of S. 149- Conviction and sentence upheld."Common object" and "common intention "-Distinction between--Explained.Words and Phrases: "Common object "-Meaning of-In the context of S. 141 of the Penal Code, 1860."In prosecution of common object" and "knew"-Meaning of-In the context of S.149 of the Penal Code, 1860. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 327 |
Petitioner | Chanda And Ors. |
Respondent | State Of U.p. And Anr. |
SCR | [2004] Supp. (1) S.C.R. 885 |
Judgement Date | 2004-04-29 |
Case Number | 241 |
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