common object Archives

‘Members of unlawful assembly vicariously liable once common object and participation are proved, regardless of individual acts’; SC upholds conviction of 3 in murder case

“The Trial Court overlooked the consistent and corroborated testimony of injured eyewitnesses and failed to appreciate the legal effect of the active participation of the appellants as members of an unlawful assembly. The High Court, in reversing the acquittal, has given cogent and well-reasoned findings based on a proper appraisal of the record.”

Case Briefs High Courts

Orrisa High Court overturns conviction in 12-year-old religious riot & mob attack murder case

“The evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who have been tried on the basis of evidence recorded in separate trial, though for the commission of same offences charged has been framed in both the trial.”

Case Briefs High Courts

Decoding Madras High Court verdict on Gokulraj Murder committed “under the influence of demon called caste”

Madras High Court said that this is a case which brings out the dark side of human behavior. It focuses our attention on the ugly facets of our society; the caste system, bigotry, inhuman treatment of persons belonging to the marginalised section etc.

Case Briefs Supreme Court

‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case

The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.

Case Briefs High Courts

Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case

Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine

Case Briefs Supreme Court

Explained| Vicarious liability under Section 149 IPC: Impact of reduction in number of convicts below five on account of death of co-accused

Supreme Court: The bench of CT Ravikumar* and Sudhanshu Dhulia, JJ has held that merely because some of the convicts had died

Case Briefs High Courts

Kerala High Court quashes proceedings against CM Pinarayi Vijayan and 11 other CPI(M) leaders protesting for withdrawal from free trade agreement between India and the ASEAN

Kerala High Court: In a case relating to a complaint for offences under Sections 143, 147, 149 and 283 of

Case Briefs Supreme Court

Reversing acquittal of only 2 out of 22 acquitted murder accused, despite glaring contradictions between witness testimonies, illogical; SC sets aside Karnataka HC verdict

Supreme Court: In an appeal against the Karnataka High Court's reversal of acquittal of 2 out of the 22 accused

Case Briefs Supreme Court

Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC

Supreme Court: In a case where an accused merely pointed to the house where the victim was hiding, thereby helping a fully

Case Briefs Supreme Court

When can members of a group be held individually guilty for an offence? Supreme Court explains applicability of Sections 34 and 149 of IPC

Supreme Court: Explaining the difference between Sections 34 and 149 of the IPC, the 3-judge bench of NV Ramana, Surya Kant* and

Case Briefs Supreme Court

Factors for determining the culpability of accused participating in unlawful assembly, explained

Supreme Court: In the case where the culpability of an accused participating in an unlawful assembly was in question, the bench of