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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, MOHD. FAIZ ALAM KHAN
Raj Deo – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Shri U.P. Singh, learned counsel for the appellants, Shri U.C. Verma, learned A.G.A. for the State, Shri Vijai Shankar Tripathi, learned counsel appearing for the complainant/informant and perused the record.
2. This criminal appeal has been preferred by the appellants, namely, Raj Deo, Ram Singar, Ram Vishal, Ram Bodh and Surya Bhan under Section 374(2) of the Cr.P.C. against the judgment and order of the trial Court dated 5.3.2001 passed by IIIrd Additional Sessions Judge, Sultanpur in Sessions Trial No. 222 of 1992 (State v. Raj Deo and others), arising out of Case Crime No. 263 of 1991, under Sections 147, 148, 302/149 I.P.C., Police Station Lambhua, District Sultanpur, whereby the appellant-Ram Vishal has been convicted for committing offence under Section 148 and 302/149 I.P.C. and rest of the appellants have been convicted for committing offence under Section 147 and 302/149 I.P.C. and have been sentenced with maximum term of rigorous life imprisonment' pertaining to offence under Section 302/149 I.P.C. with fine of Rs. 5000/- alongwith default clause.
3. Shri U.P. Singh, learned counsel representing the appellants submits that appellant No. 1/Raj Deo and appel
The court affirmed the conviction for murder based on the established common object of the unlawful assembly, supported by credible witness testimonies and medical evidence.
The court established that in cases of unlawful assembly, all members can be held vicariously liable for the actions taken in furtherance of a common object, and that the prosecution's failure to exp....
The prosecution must establish a common object for unlawful assembly under Section 149 IPC; absence of motive and specific allegations can lead to acquittal.
Point of law : Object of the proceedings under Section 174 Cr.P.C. is merely to ascertain whether a person died under suspicious circumstances or met with an unnatural death and, if so, what was its ....
Point of Law : Unlawful assembly – Common object - No doubt section 149 IPC is wide in its sweep but in fixing the membership of the unlawful assembly and in inferring the common object various circu....
The court's decision in this case highlights the importance of analyzing the relevant provisions of the IPC and applying them to the facts of the case in order to determine the nature of the offense ....
Conviction for murder upheld based on unlawful assembly doctrine; presence in assembly sufficient for accountability under Section 149 IPC.
The prosecution must prove the formation of an unlawful assembly and the shared common object beyond reasonable doubt, and essential witnesses must be produced to unfold the narrative.
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