Supreme Court · 2006 INSC 16 · Decided 6 January 2006
Rabindra Mahto and ANR. v. State of Jharkhand
- Court
- Supreme Court of India
- Citation
- 2006 INSC 16 · [2006] 1 S.C.R. 248
- Case number
- CRIMINAL APPEAL No. 588/2005
- Decided
- 6 January 2006
- Bench
- S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 323, 149; CrPC Section 157
Headnote
Penal Code, 1860; Section 302 r/w Section 149 and Section 323: Assault and murder-Accused attacked on members of prosecution party C causing death of two persons and injuring others-Trial Court found jive accused persons guilty of committing offence under Section 302 rlw Section 149 and two appeal, held: Mere membership of an unlawful assembly could be the basis of fastening constructive guilt on the D members under Section 149 I PC provided common object of unlawful assembly shared by the members-Nature of injuries found on the deceased clearly establishes that the common object
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