Supreme Court · 2009 INSC 536 · Decided 16 April 2009
Bhupendra Singh & ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 536 · [2009] 6 S.C.R. 262
- Case number
- CRIMINAL APPEAL No. 743/2009
- Decided
- 16 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149
Headnote
Penal Code, 1860: -c ss.307, 147, 148, 149-Accused party armed with /athis, gun, tamancha and farsa - Assaulted deceased and others - Death of deceased and injuries to others - Conviction under ss.147, 148 and 307 by courts below - Applicability of s.149 D challenged -· Held: Question as to stage of incident is essentially a question of fact to be deten11ined, keeping in view nature of assembly, arms carried by members and behaviour of members at the scene of occurrence - On facts, s. 149 applicable - Conviction E upheld. s. 149 - Common object - Meaning of - Discussed.
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