Membership in an unlawful assembly under Section 149 IPC establishes vicarious liability for actions taken by any member in furtherance of the assembly's common objective.

JUDGMENT :

Ramesh Sinha, C.J.

1. Since the aforesaid four criminal appeals have been filed against the impugned judgment dated 15.09.2023 passed by the First Additional Sessions Judge, Bemetara in Sessions Trial No.16/2023, they were clubbed & heard together and being disposed of by this common judgment.

2. Appellants-Gopal Yadav, Gopi Yadav, Raju Yadav and Pramod Sinha have preferred these four criminal appeals under Section 374(2) of the CrPC questioning the impugned judgment dated 15.09.2023 passed by the First Additional Sessions Judge, Bemetara in Sessions Trial No.16/2023, by which they have been convicted for offences under Sections 147 , 148, 307/149 and 302/149 of the IPC and sentenced to undergo RI for six months and fine of Rs.500/-, in default of payment of fine to further undergo RI for 15 days, RI for six months and fine of Rs.500/-, in default of payment of fine to further undergo RI for 15 days, RI for ten years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for 2 months and imprisonment for life and fine of Rs.1000/-, in default of payment of fine to further undergo RI for 2 months.

3. Case of the prosecution, in nutshell, is that on 10.03.2023 complainant Arjun Yadav aloang with his associates Bullu Yadav, Latel Yadav and Akhilesh Sonkar appeared at Nawagarh Police Station and lodged a verbal report that on the night of 9.3.2023 at around 10.45 P.M. he called his son Satanand Yadav and asked where he was, if he had not reached home yet, then Satanand told that he was in the Government Hospital, Nawagarh, he was seriously injured, then after getting the above information he went to the Government Hospital where Satanand was seriously injured. Then Satanand told that both he and Bhagau Yadav reached near the bus stand Nawagarh around 10 P.M., appellant Pramod Sinha along with other co-accused with common intension assaulted them by means of knife due to which they received injuries over their hands, abdomen region and chest and during the treatment, Bhagau Yadav died. On the basis of the above information, merg intimation was registered in Police Station Nawagarh vide Ex.P-1 and thereafter FIR was registered in Crime No.62/2023 vide Ex.P-2. Inquest was prepared over the body of deceased Bhagau Yadav vide Ex.P-4. Spot map was prepared by the investigating officer vide Ex.P-5. Bloodstained soil, plain soil, stone, brick and belt were seized from the spot vide Ex.P-6. Clothes of injured Satanand Yadav were seized vide Ex.P-7. Patwari also prepared the spot map vide Ex.P-8. Injured Satanand Yadav was sent for MLC to Community Health Center, Nawagarh, where Dr.Rahul Raj (PW-13) examined him vide Ex.P- 28 and found perforated wound on lower back with dimension 5x3x2 cm. Dead body of deceased Bhagau Yadav was sent for postmortem to Community Health Center, Nawagarh, where Dr.Rahul Raj (PW-13) conducted postmortem over the body of Bhagau Yadav vide Ex.P-35 and found following injuries:-

“1. Penetrating wound present over left side of the chest at 5^th and 6^th intercostal space 2 cm below and medial to left nipple, shape of the wound is oval shape dimension of wound include length 5cm, width 2.5 cm and depth is8 cm would extend from skin to subcutameous tissue to pericardium to left vertical of the heart.

2. Multiple scratch abrasion present over both side of nape of the neck with v