Law: Penal Code (XLV of 1860)

Section: 302, 149, 325

(a) Penal Code (XLV of 1860) S. 302/149----Unlalijul assembly--Murderous attack launched by several persons, some armed with blunt weapons and swine unarmed---Contention that accused having no weapon could not be associated with murderous assault, held, devoid of force--Accused having to weapons may have surrounded deceased to facilitate attack by armed persons- Such persons not mere spectators but those rendering an v assistance that may be needed arid therefore member of an unlawful assembly arid equally guilty whether they did or slid not take part in assault. All the accused persons had pounced upon the deceased and it is no wonder that although some of them had no weapon yet they may have surrounded the deceased in order to facilitate the attack on him by the persons who were armed with weapons. They were members of the unlawful assembly and when anything is done in prosecution of the common object 4 the assembly all are equally guilty whether. They actually assaulted or stood by to render any assistance that may be needed. It cannot be said that in, a situation which had arisen preceding the assault on the deceased they did not anticipate any resistance or trouble from the opposite group and they were unaware of the motive for attack on the deceased by the persons armed with weapons. They cannot be treated to be mere spectators nor they could be on their heels for a reason other than their own complicity in the assault. So from the circumstances it can be safely presumed that they had all joined to assault any one of the opposite group who may corm in their way or hoppers to meet them. (b) Penal Code (XLV of 1860)  S. 149-Unlawful assembly Determination of common object and liability. Section 149, P. P. C. deals with the constructive liability of the members of an unlawful assembly for the offence having been committed by one or more of the members of the assembly. For the purpose of that liability this section may be divided into two parts (a) the offence must be committed in prosecution of the common object of the assembly or (b) the offence must be such as the members of that assembly knew to be likely to be committed in prosecution of the common…