Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 149--- Unlawful assembly--- Expression "common object"---Scope---Common object formed on the spur of the moment---Scope---For "common object", it was not necessary that there should be a prior concert in the sense of a meeting of the members of the unlawful assembly, the common object might form on spur of the moment, and it was enough if it was adopted by all the members and was shared by all of them. Bhanwar Singh and others v. State of M.P. AIR 2009 SC 768 ref. (b) Penal Code (XLV of 1860)--- ----S. 149---Unlawful assembly---Offence not committed in the direct prosecution of common object---Effect---Expression "know"---Scope---Even if the offence committed was not in direct prosecution of the common object of the assembly, it might still fall under S.149 of the Penal Code, if it could be held that the offence was such as the members knew was likely to be committed---Expression 'know' did not mean a mere possibility, such as might or might not happen. (c) Penal Code (XLV of 1860)--- ----S. 149--- Unlawful assembly--- Scope--- "Common object" established---Effect---Once it was established that the unlawful assembly had common object, it was not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act---For incurring the vicarious liability under the provision, the liability of other members of the unlawful assembly for the offence committed during the continuance of the occurrence, rested upon the fact whether the other members knew beforehand that the offence actually committed was likely to be committed in prosecution of the common object. Daya Kishan v. State of Haryana AIR 2010 SC 2147; Sikandar Singh v. State of Bihar AIR 2010 SC 3580 and Debashis Daw v. State of W.B. AIR 2010 SC 3633 ref. (d) Penal Code (XLV of 1860)--- ----Ss. 141 & 149---Unlawful assembly---Determination---Scope---Passive association or presence in an unlawful assembly---Effect---Crucial question for determination was whether the assembly consisted of five or more persons and whether the said persons entertained one or more of the common objects specified by S.141 of the Penal Code---While…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492