Mere fact that appellant was not brave enough to conceal where victim was hiding did not make him a part of the unlawful assembly that had the common object to murder the victim. He had only pointed towards place where victim was hiding. Hence, conviction of appellant-accused under Ss. 302/201/147/148/149, set aside.

[Taijuddin v. State of Assam, (2022) 1 SCC 395]

One thought on “Penal Code, 1860 — Ss. 141, 142 and 149 and Ss. 302/149 part of unlawful assembly”
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