2006 (4) AIR Kar R 606

Karnataka High Court

( A ) Indian Penal Code (45 of 1860) S. 149 , 148 — Unlawful assembly — Each one of the accused persons armed with clubs and other weapons, actively participated in assaulting deceased — Proves sharing of common object and intention by them — Accused persons are liable to be convicted u/S. 148 r/w S. 149. (Paras3)

( B ) Criminal P. C. (2 of 1974) S. 374 — Penal Code (45 of 1860), Ss. 326, 149 — Appeal against conviction — Accused assaulted deceased by clubs and other weapons — Convicted only for offence under S. 326, IPC — Since State did not file appeal challenging conviction under lesser offence, conviction for higher offence i.e. S. 326 r/w S. 149, IPC could not be imposed in appeal filed by accused — Conviction and sentence awarded by Trial Court, sustainable. (Paras3)