Section 149 IPC 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

‘Conviction not based on corroborative evidence’: Gujarat HC acquits three accused in 2002 post Godhra riots case

The present case is of year 2005, the judgment was delivered on 29-5-2006 and now it has been more than 19 years which has passed. Therefore, it will not be in the interest of the accused to remit or remand the matter to the Trial Court from the stage of recording the supplementary statement of the accused concerned under Section 313 of Criminal Procedure Code, 1973.

Case Briefs Supreme Court

‘Mere presence at the spot, or arrest therefrom, not sufficient to prove that they were part of unlawful assembly’; SC acquits 6 in 2002 Gujarat Riots Case

“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”

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 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