(64) In another recent case of Susanta Das v. State of Orissa, (2016) 4 SCC 371 Hon'ble the Apex Court has dealt with the provisions of Section 149 IPC and held that it has to be necessarily shown that there was an assembly of five or more persons forming an unlawful assembly. When once such an participation of five or more persons is shown who indulge in an offence as a member of such an assembly, for the purpose of invoking section 149 IPC, it is not necessary that there must be specific overt act played by each of the member of such an unlawful assembly in the commission of an offence. What is required to be shown is the participation as a member in pursuance of a common object of the assembly or being a member of that assembly such person knew as to what is likely to be committed in prosecution of any such common object. Hon'ble the Apex Court has further placed reliance upon Ajit Savant Majagvai versus State of Karnataka (1997) 7 SCC 110. Hon'ble the Apex Court further approved and relied upon Rajendran versus State of Tamil Nadu (2004) 10 SCC 689 and Bishna versus State of West Bengal (2005) 12 SCC 657.

(65) In the Susanta Das case (supra) the facts of the case were that on 3.

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