Supreme Court of India

Joseph v. State, Rep. by Inspector of Police.

Neutral citation
Reported as [2017] 12 S.C.R. 452
Bench Ranjan Gogoi and R. Banumathi JJ.
Decided 14 December 2017

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that the prosecution has not proved the existence of the common object amongst the accused and that all of them acted in furtherance of the common object to invoke the first part of Section 149 IPC. c.

Judgment, page 12

From the headnote

Penal Code, 1860 - s.302 r/w. s.149 - Conviction under, of appellants - Propriety - Two factions assembled to attend funeral of PW-2 's cousin - Accused party (consisting of JJ members). attacked the Complainant's party - Deceased (son of PW-2) succumbed to injuries - Trial court convicted all the accused u/ s.302 !PC with the aid of constructive liability u/s. 149 - Appeal before High Court was dismissed - On appeal, held: First part of . s.149 states about the commission of an offence in prosecution of the common object of the assembly whereas the second part takes within its fold knowledge

Where later benches applied it

Of those, 1 referred to

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