AIR 2012 SUPREME COURT 2946 ::AIR 2012 SC( Cri) 1547 ::2012 (4) AIR Jhar R 789 ::2013 (1) SCC (Cri) 621 ::(2012) 4 AllCriLR 94 ::(2012) 3 ChandCriC 19 ::2012 (79) ACC (SOC) 48 (ORI) ::2013 AllMR(CRI) 1080

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): H. L. Dattu, Chandramauli Kr. Prasad , JJ

(A) Penal Code (45 of 1860) , S.149— Unlawful assembly - Offence committed in prosecution of common object - Every member of assembly is vicariously liable - Whether any member has caused injury or not - Not relevant. Section 149 IPC creates a constructive or vicarious liability of the members of unlawful assembly for the unlawful acts committed pursuant to the common object by any other member of that assembly. This principle ropes in every member of the assembly to be guilty of an offence where the offence is committed by any member of that assembly in prosecution of common object of that assembly, or such members or assembly knew that offence is likely to be committed in prosecution of that object. The factum of causing injury or not causing injury would not be relevant, where accused is sought to be roped in with the aid of Section 149, IPC. The relevant question to be examined by the Court is whether the accused was a member of an unlawful assembly and not whether he actually took active part in the crime or not.(Para 20) (B) Penal Code (45 of 1860) , S.300, S.149— Murder - Unlawful assembly - Two of its members proved to have caused fatal injuries to deceased - No injury found to be caused by other members - However they having dragged deceased after first assault and contribu....