Supreme Court of India

State of Up v. Dan Singh and Ors.

Neutral citation

Reported as [1997] 1 S.C.R. 764

Bench M.K. Mukherjee and B.N. Kirpal JJ.

Decided 3 February 1997

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that benefit of doubt should be given to Harish Chandra and the appeal against him is also liable to be dismissed. c If we accept the testimony of PW 1 and PW 7 in its entirely then all the respondents must be regarded as being members of the unlawful assembly and provisions of Section 149 IPC would be applicable to them.

Judgment, page 26

From the headnote

Criminal Law: Penal Code, 1860: Sections 302, 303, 307, 436 r/w Sections 149 and 141 Explanation-Unlawful assembly-Common object-Inference of-Mar riage party of Scheduled Caste attacked by a large number of persons amied with sticks and stones which resulted in death of 14 persons and injuries to 7-He/d: Intention of members of attacking pmty could be deduced from number of injuries and weapons used-In the circumstances of the case, it could 1101 be said that the attackers had a similar object but not a common object-Even if the assembly was initially lawful the same became u11lawful when

Authorities it was built on

1964 Masalti v. State of U. P cited by 86

Where later benches applied it

2012 Busi Koteswara Rao & Ors. v. State of A.P. relied on
2025 Dhirubhai Bhailalbhai Chauhan & Anr. v. State of Gujarat & Ors. referred to
2024 Sri Dattatraya v. Sharanappa referred to
2015 State of Maharashtra v. Ramlal Devappa Rathod and Others distinguished

Of those, 1 relied on · 1 distinguished · 2 referred to

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