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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Siddhartha Varma, Anish Kumar Gupta
Rakesh Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Ashok Kumar Tripathi and Sri Shashank Singh, learned counsel for the appellants, Sri Shubham Kumar holding brief of Sri Ashish Goyal, learned counsel for the informant and the learned A.G.A. for the State.
2. All these appeals have been filed by the appellants being aggrieved by the judgement and order dated 11.08.2016 passed by the Additional Sessions Judge, Court No. 5, Shahjahanpur in Sessions Trial No. 548 of 1997 & Sessions Trial No. 222 of 1998, whereby all the appellants herein have been convicted for the offences under Sections 147, 148, 149/307 and 149/302 I.P.C. For the offence under Section 147 I.P.C. they were sentenced for two years of imprisonment with a fine of Rs. 5,000/- each, for the offence under Section 148 I.P.C., three years imprisonment with fine of Rs. 5,000/- each, for the offence under Sections 149/307 I.P.C., all the appellants were sentenced for life imprisonment with a fine of Rs. 25,000/- each and for the offence under Sections 149/302 I.P.C. all the appellants were sentenced for life imprisonment with a fine of Rs. 30,000/- each. In case of non payment of fine for the offence under Sections 147 and 148 I.P.C.
The court affirmed the conviction of the appellants under sections 147, 148, 149/307, and 149/302 IPC, establishing that they formed an unlawful assembly with a common object to cause harm, leading t....
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.
The main legal point established in the judgment is the application of Section 149 IPC to determine the common object of the unlawful assembly and the vicarious liability of the accused, as well as t....
The evidence must establish a premeditated intent to commit murder and the existence of an unlawful assembly with the common object of committing murder to support a conviction for murder under Secti....
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....
Prosecution must establish shared common object and active participation of accused in unlawful assembly for conviction under IPC; mere presence is insufficient.
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 emphasized the necessity of direct evidence of participation in unlawful assembly and cautioned against assumptions of guilt based solely on group association.
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....
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