Law:

Section:

(a) Penal Code (XLV of 1860), Ss. 302 8c 149-Conviction of accused under Ss. 302 & 149, P. P. C.-Special leave to appeal granted by Supreme Court to see whether possibility of .false implication eliminated and also to consider whether convictions with aid of S. 149 legal and proper. (b) Penal Code(XLV of 1860), Ss. 147 & 316/149-Rioting ---Large number of accused after incident alleged to have taken shelter in a house --No ovens ace against two of them proved save that they were arrested from house along with other accused-Mere fact that no prosecution witnesses shown to have any enmity against two accused--Held, in circumstances, not valid criterion for accepting their implication-Benefit of doubt given to two accused. (c) Peral Code (XLV of 1860), Ss. 147, 302/34, 326/49, 35& 38---Rioting -Large number of accused involved---principle offenders convicted under S. 202/34--Whether conviction of others for offence different from that found committed by principal offenders, illegal. The contention before the Supreme Court was that where the principal offenders in a case of rioting are convicted of one offence, the others cannot be held to have committed constructively an office different from the offence found to have been com­mitted by the principal offenders. It was contended that since the principal offenders had been convicted under section 302/ 34, P. P. C., neither they nor any one of the others could be convicted under section 326/149, P. P. C. Held, on a plain reading of section 149, P. P. C. it would appear that it is in two parts and that an accused who is found to be a member of an unlawful assembly cars be convicted of a lesser - offence if under the second part of that section it is clear that he was aware that such a lesser offence was likely to be committed in prosecution of the common object although some members of the assembly may have traveled beyond that object I committed a graver offence. In construing this section each case has to be judged upon its own facts, for, it has to be deter­mined with reference to the facts of each case what offence the members must have known to be likely to be committed, If such offence is minor to…

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