IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMIT GOPAL
Ram Palat – Appellant
Versus
State – Respondent
JUDGMENT :
SAMIT GOPAL, J.
1. This appeal was initially preferred by Ram Palat/appellant no. 1 and Bigranchhu/appellant no. 2 against the judgment and order dated 3.5.1989 passed by Vth Additional Sessions Judge, Basti in Session Trial No. 418 of 1986, State of U.P. vs. Ram Palat and others, by which the accused/appellants have been convicted and sentenced for the offences under Sections 323/149 I.P.C. to six months rigorous imprisonment and a fine of Rs.500.00 each and in default of payment of fine, they have been directed to undergo further one month imprisonment.
2. During pendency of this appeal the appellant no. 1/Ram Palat died and thus vide order dated 13.09.2022 passed by a co-ordinate Bench of this Court his appeal stood abated. The same thus survived only for the appellant no. 2/Bigranchhu.
3. The case in the present matter was committed to the Court of Sessions for accused Ram Palat,cv Paras Nath, Raja Ram, Suresh, Bigranchoo, Mata Badal and Bigrail @ Janardan under Sections 147, 307/149 and 379 I.P.C. During pendency of trial, accused Raja Ram died and thus his trial stood abated (stated in para-2 of the impugned judgement and order).
4. Ram Palat, Paras Nath, Suresh, Bigran
The judgment established that even if Section 149 IPC is not attracted, the appellants could still be convicted with the aid of Section 34 IPC if the common intention to commit the crime and the part....
The main legal point established in the judgment is the liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
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 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.
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