Supreme Court of India
Chanda and Ors. v. State of U.P. and Anr.
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From the headnote
Penal Code, 1860: Section 149-Prosecution of common object-Liability of members of an unlawful assembly-Proof in respect of-Held: Mere presence in an unlawful assembly could not render a person liable unless there was common object, that he was actuated by it and that it, was one of those set out in S. 141 /PC-However, proof of an overt act not necessary-But common object once formed need not continue to be the same-The effect of S. 149 may be different on different members of the same assembly. Section 149-Definite roles-Not ascribed to each accused-Effect of Held: It is not necessary to
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