149 I.P.C.

Unlawful Assembly Sec.149 – Once unlawful assembly was proved with a common object – absence of overt act against the other accused does not vitiate the prosecution story entitling for acquittal – Apex court held that In view of the settled principles of law, once it is established that the unlawful assembly had a common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act, rather they can be convicted under Section 149, IPC. We, therefore, find no error in the order of conviction and sentence passed by the Trial Court and affirmed by the High Court calling our interference under Article 136 of the Constitution. The appeals fail and are hereby dismissed.= CRIMINAL APPEAL NO. 775 of 2007 ANUP LAL YADAV & ANR. … APPELLANTS VERSUS STATE OF BIHAR …. RESPONDENT = 2014 – Sept.Month – http://judis.nic.in/supremecourt/imgst.aspx?filename=41969

Unlawful Assembly Sec.149 – Once unlawful assembly was proved with a common object – absence of overt act against the other accused does not vitiate the prosecution story entitling for acquittal – Apex court held that In view of the settled principles of law,  once  it is established that the unlawful assembly had a common  object,  it  is  not necessary that all … Continue reading →