Back
S. G. MEHARE
Kondiba, s/o. Bali Gawali – Appellant
Versus
State of Maharashtra, Through Police Inspector, Shrigonda Police Station, Ahmednagar – Respondent
JUDGMENT :
(S.G. Mehare, J.)
1. Heard the learned counsel for the applicants and the learned A.P.P. for the respondent.
2. The applicants have impugned the judgment and order of the learned Judicial Magistrate First Class, Shrigonda (Court No.2) passed in Regular Criminal Case No.237 of 1998, dated 13.05.2015, convicting the accused for the offences punishable under Sections 504, 506, 143, 147, 148, 324, 326, read with Section 149 of the Indian Penal Code (for short, “I.P.C.”) and the judgment and order of the learned Additional Sessions Judge, Ahmednagar, in Criminal Appeal No.146 of 2015, dated 06.12.2016, dismissing the appeal and confirming the judgment and order of the learned Judicial Magistrate First Class, Shrigonda.
3. Accused No.1 to 5 were sentenced to suffer imprisonment for the offence punishable under Sections 143, 147, 148, 324, and 326 read with Section 149 of the I.P.C.
4. The prosecution case in brief was, that the informant was the resident of village Shedgaon, Taluka Shrigonda. He has two brothers. One of them was accused No.1 and another was Vitthal. Their father expired in 1973. He was cultivating ancestral joint family property Block No.44, after the demise of th
Members of an unlawful assembly can be held vicariously liable for crimes committed in furtherance of a common object, even if they did not directly inflict harm.
Conviction for murder upheld based on unlawful assembly doctrine; presence in assembly sufficient for accountability under Section 149 IPC.
The court ruled that evidence from interested witnesses is credible if consistent and supported by circumstances, necessitating careful evaluation of roles in unlawful assemblies under IPC.
The prosecution must establish a common object for unlawful assembly under Section 149 IPC; absence of motive and specific allegations can lead to acquittal.
The court upheld the convictions under IPC Sections 147, 148, 149, and 302, affirming that all members of an unlawful assembly are liable for offences committed in furtherance of a common object.
The main legal point established in the judgment is the significance of credible eyewitness and injured witness accounts, the application of Section 149 IPC for vicarious liability, and the relevance....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
