RANJANA PRAKASH DESAI, N.V.RAMANA
Anup Lal Yadav – Appellant
Versus
State of Bihar – Respondent
Key Points: - The judgment holds that once an assembly is unlawful with a common object, it is not necessary to assign an overt act to all members for conviction under Section 149 IPC. (!) - It explains constructive liability: any member present and sharing the common object can be liable for offences committed in pursuit of that object, even if not all members directly participated in the specific act. (!) (!) - The Court reiterates that the common object can be formed at any stage and may not require prior concert; offences can fall under Section 149 if they were likely to be committed in pursuit of the common object. (!) (!) - The evidence shows the accused shared the common object to kill, loot, and commit arson, with multiple eyewitnesses identifying leadership and participation, supporting conviction under Section 149 IPC. (!) (!) (!) - The Court upheld the convictions under Section 149 IPC based on the presence and participation in the unlawful assembly with a common object, without needing every member to have a specific overt act. (!)
Judgment :-
N.V. Ramana, J.
These appeals are preferred by the appellants/accused aggrieved by the judgment and order passed by the Division Bench of the High Court of Judicature at Patna in Criminal Appeal No. 566 of 1993 whereby the High Court affirmed the conviction and sentence passed by the 8th Additional Sessions Judge, Purnia, Bihar in Sessions Trial No. 28 of 1978 under Sections 302/149, 436/149, 380/149, 323/149, 145 and 147 of the Indian Penal Code against them.
2. The prosecution case, in short, is that in the early hours of 25th September, 1974 appellant Surang Lal Yadav (Accused No. 5), a member of Santhala community, riding on a horse and carrying a sword in his hand entered the village Singhimari leading a mob of about 300 to 400 persons, all armed with various kinds of deadly weapons such as bows, arrows, ballams, bhalas, kulharis, dandas and with burning flames in their hands. The mob led by accused Surang Lal Yadav attacked ruthlessly the Badhyas, a Muslim minority community, most of them were migrants from Bangladesh. The mob went on looting movable properties of the villagers, setting their houses on fire, injuring and killing innocent persons indiscriminately. In
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