AIR 2008 SUPREME COURT 2692 ::2008 AIR SCW 4497 ::2008 (3) AIR Jhar R 459 ::(2008) 3 DLT(CRL) 508 ::(2008) 3 CurCriR 164 ::(2008) 3 AllCriR 2794 ::2008 (15) SCC 299 ::2009 (3) SCC(Cri) 961 ::(2008) 2 Mad LJ(Cri) 1623 ::(2008) 9 Scale 338 ::(2008) 2 ALD(CRL) 868 ::(2008) 3 JCC 1812 (SC) ::2008 (3) JCC 1812 ::2008 (5) KantLJ 369 ::(2008) 62 AllCriC 638 ::(2008) 68 AllIndCas 65 (SC) ::2008 (7) SRJ 189

Supreme Court Of India

(From : 2000 (1) Kant LJ 17)

Hon'ble Judge(s): Arijit Pasayat, P. Sathasivam, Aftab Alam , JJJ

(A) Penal Code (45 of 1860) , S.149— Unlawful assembly - Common object - Provision has its foundation on constructive liability which is sine qua non for its operation - Emphasis is on common object and not on common intention. (Para 6) (B) Penal Code (45 of 1860) , S.149— Unlawful assembly - Mere presence in unlawful assembly cannot render a person liable unless he was actuated by common object. (Para 6) (C) Penal Code (45 of 1860) , S.149— Unlawful assembly - Common object - Not proved - Accused cannot be convicted with help of S.149. (Para 6) (D) Penal Code (45 of 1860) , S.149, S.141— Unlawful assembly - Member of - Pre-requisites - Person should have understood that assembly was unlawful - And was likely to commit any of acts which fall within purview of S.141. (Para 6) (E) Words and Phrases - Common object - Word 'object' means the purpose or design and, in order to make it 'common' - It must be shared by all. (Para 6) ....