Law: Penal Code (XLV of 1860)

Section: 302(b),324,147,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Prosecution case was that accused persons with common intention murdered the brothers of complainant---Motive behind the occurrence was stated to be that the complainant got registered FIR against one of the co-accused---Appeal against acquittal, mainly pressed into service that the accused being members of unlawful assembly were equally liable for the murder of brothers of complainant---Under S.149, P.P.C., every member of unlawful assembly was equally liable for the offence committed by other member of unlawful assembly---Evidence led by the prosecution in support of charge under S.149, P.P.C. was not sufficient to prove the charge of common intention/ object of the accused---Presence of accused persons, at the place of occurrence, was natural and the prosecution could not produce any evidence from which it could be ascertained that accused had any pre-planning to murder the brothers of complainant---Prosecution witnesses did not depose in their statements that the occurrence was pre-planned and even the allegation under S.149, P.P.C. was not put to the accused in their statements recorded under 342, Cr.P.C.---Without providing a right of defence to the accused, the same could not be read against them---Time, place the manner as well as weapons used in the incident suggested that there was no pre-planning for the murder of brothers of the complainant rather the occurrence took place suddenly---Conditions necessary for applicability of S.149, P.P.C. were not fulfilled, hence, the same could not be made applicable to the facts of the case and all the accused would not be liable to punishment for the act committed by him/her in the incident---Impugned was well reasoned and based on proper appreciation of evidence---Appeal against acquittal was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 149---Common object---Scope---Prosecution had to prove the provisions of S.149, P.P.C. through tangible and sufficient evidence…

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