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Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): Doraiswamy Raju, Arijit Pasayat , JJ

(A) Penal Code (45 of 1860) , S.149— Unlawful assembly - Presence of five persons with a common intention of doing an act is established - Mere identification of only four persons would not affect applicability of S.149. (Para 7) (B) Penal Code (45 of 1860) , S.149, S.34— Unlawful assembly - Mere presence in an unlawful assembly cannot render a person liable unless he was actuated by common object and that object is one of @page-SC1044those set out in Sec. 141 - 'Common object' is different from a 'common intention' as it does not require prior concert and common meetings of minds before attack. A common object may be formed by express agreement after mutual consultation, but that is by no means necessary. It may be formed at any stage by all or a few members of the assembly and the other members may just join and adopt it. Once formed, it need not continue to be the same. It may be modified or altered or abandoned at any stage. The expression "in prosecution of common object" as appearing in Section 149 have to be strictly construed as equivalent to "in order to attain the common object". It must be immediately connected with the common object by virtue of the nature of the object. There must be community of object and the object may....