AIR 1989 SUPREME COURT 754 ::1990 ALL. L. J. 210 ::1989 (2) CriLC 83 ::1989 SCC (Cri) 211 ::1989 (1) SCC 437 ::(1989) 1 Ker LT 57 ::(1989) 1 JT 109 (SC) ::1989 (1) JT 109

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): K. Jagannatha Shetty, K. N. Saikia , JJ

Penal Code (45 of 1860) , S.149— Unlawful assembly - Member of - Cannot be acquitted for lack or corroboration as to their participation in offence committed by assembly. Section 149 makes every member of an @page-SC755 unlawful assembly at the time of committing of the offence guilty of that offence. The section creates a constructive or vicarious liability of the members of the unlawful assembly for the unlawful acts committed pursuant to the common object by any other member of that assembly. However, the vicarious liability of the members of the unlawful assembly extends only to the acts done in pursuance of the common object of the unlawful assembly, or to such offences as the members of the unlawful assembly knew to be likely to be committed in prosecution of that object. Once the case of a person falls within the ingredients of the section the question that he did nothing with his own hands would be immaterial. He cannot put forward the defence that he did not with his own hands commit the offence committed in prosecution of the common object of the unlawful assembly or such as the members of the assembly knew to be likely to be committed in prosecution of that object. The basis of the constructive guilt under S. 149 is mere membership of the unlawful assembly, with the requisite common object or knowledge. Thus, once the....