Supreme Court · 2008 INSC 879 · Decided 30 July 2008
Shivjee Singh and ORS. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2008 INSC 879 · [2008] 11 S.C.R. 548
- Case number
- CRIMINAL APPEAL No. 1494/2004
- Decided
- 30 July 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 147; Arms Act Section 27
Headnote
Penal Code, 1860: s. 149 - Applicability of - Held: Not applicable when com- mon object of unlawful assembly not proved. s. 149 - Common object - Connotation of - Held: The object should be common to the persons who compose the assembly- It may be formed at any stage by all or a assembly - 'Common object' of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances - On facts, Appellant-father urged his son to fire from his gun whereafter son fired a shot resulting in death of one
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)