Supreme Court · 2011 INSC 645 · Decided 2 September 2011
Ramachandran & ORS. ETC. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2011 INSC 645 · [2011] 13 S.C.R. 923
- Case number
- CRIMINAL APPEAL No. 162/2006
- Decided
- 2 September 2011
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3021149, 149, 302, 307
Headnote
A B Penal Code, 1860 - s.3021149 and s.3071149- Unlawful assembly armed with various weapons causing murder of one person and serious injuries to two others - Applicability of C s.149- Held: Once it is established that the unlawful assembly had common object, it is not necessary that all persons must be shown to have committed some overt act - Even mere presence in the unlawful assembly, but with an active mind, to achieve the D common ·object makes a person vicariously liable for the acts of the unlawful assembly - It is obligatory on the part of the court to examine that if the
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