AIR 1923 MADRAS 369(2)

Madras High Court

Hon'ble Judge(s): Wallace , J

Penal Code (45 of 1860) , S.34, S.149— Essentials of constructive criminal responsibility discussed - Penal Code, S. 149. Where the actions of the mob were united and concerted and continuous, Held: for whatever criminal offences it committed or was likely to commit in furtherance of its common object during that period, each member of the assembly would in law be responsible. As to the renewal of activities after one hour, before individual members of the original mob could be held in law responsible for those acts, it would have to be clearly shown either that they were present during second riot or that the second riot was a continuation of, and a likely result of the first. In cases where there is no direct evidence of the actual participation of the accused in a specific act of violence, if persons proved at particular points of time to be members of the mob but not shown to have taken part in the specific act, are to be found guilty of that act by force of S. 34, it must be clearly found that that act was in furtherance of the common intention of the mob while these accused were in it, or if S. 149 is used, it must be clearly found that that act was also in prosecution of the common object or such as these accused knew to be likely to be committed in prosecution of their common object. A Court is not to presume that any an....