Criminal lawyer: the common object u/s 149 IPC shared by the unlawful assembly for Murder was not proved, the accused acquitted; SC.- 15:30
Supreme Court of India
Justice Mohan M Shantanagoudar
In the case titled as "Balmukund Sharma vs State of Bihar", the appellants were convicted under Section 302 IPC with the aid of section 149 IPC. It was the case of the prosecution that the unlawful assembly shared the common object for Murder of the deceased, therefore, the courts below held every member of the unlawful assembly is liable for Murder.
The supreme court while setting aside the judgement of the high court and of the trial court had acquitted the remaining accused other than the one who had given the fatal shot to the deceased.
It was held by the Supreme Court of India that the prosecution has failed to prove common object shared by the unlawful assembly for Murder, therefore, other than the one who has given the fatal shot to the deceased; other alleged members of the the unlawful assembly were acquitted by the supreme court. The supreme court held that the doubt how Grave it maybe cannot take place of proof in criminal trial. The benefit of doubt was extended to the appellants who were alleged to be the member of the unlawful assembly.