LAW FOR ALL

Sections 148 and 324 IPC read with Section 149 IPC. = whether the aforesaid four accused along with the two convicted accused had formed an unlawful assembly within the meaning of Section 141 of the Indian Penal Code so as to render them vicariously liable for the offence(s), if any, committed by the members of the unlawful assembly either in furtherance of the common object of the assembly or if the offence committed was or could have been known to be likely to be committed in pursuance of such common object of the unlawful assembly.=unequivocally and categorically stated in Court that the six accused persons had come together to the field of deceased Mukhtyar Singh armed with dangerous weapons including fire arms. If this is the manner in which the accused persons had come to the spot it cannot be said that the accused had not formed an unlawful assembly within the meaning of the said expression as appearing in Section 141 of the Indian Penal Code. While membership of an unlawful assembly itself is an offence under Section 143 IPC, use of force by members of the unlawful assembly gives rise to the offence of rioting which is punishable either under Section 147 or Section 148 IPC. we are of the view that the four acquitted accused should also be held liable under Section 324 read with Section 149 IPC.