Indian Penal Code, 1860—Section 149—Allegations made against a large number of persons—Held, where general allegations are made against a large number of persons the court would categorically scrutinise the evidence and hesitate to convict the large number of persons if the evidence available on record is vague—It is obligatory on the part of the court to examine that if the offence committed is not in direct prosecution of the common object, it may yet fall under second part of Section 149 IPC, which states that if the offence was such as the members knew was likely to be committed—Further inference has to be drawn as to the number of persons involved in the crime; how many of them were merely passive witnesses; what arms and weapons they were carrying alongwith them—Number and nature of injuries is also relevant to be considered—“Common object” may also be developed at the time of incident.
File Name:- SC_MAY 2012_1
Citation: - 2012 APEX LAW JOURNAL.COM (S.C.) 551
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