Indian Penal Code, Section 141 - Unlawful assembly and common object of the unlawful assembly  - Court generally could determine those aspects based on the evidence on record - In the matter on hand, 36 eye­witnesses are available -  According to the case of the prosecution, all the accused came in a group to the house of PW2, and PW9, and torched these houses knowing fully well that the IPF party men had assembled in those houses -  Prima facie, the Court can visualize  the common object of unlawful assembly from this evidence - The Court cannot expect the prosecution to prove its case by leading separate evidence with respect to unlawful assembly  and  common object - If those factors can be found out based on the available material on record, there is no reason as to why the Courts should ignore the same. (2018)2 SCeJ 1390

Register SCeJ  Free Updates*


Supreme Court e@journal
PUNJAB LAW REPORTER


Subscribe or take a 4 week FREE trial 

Note: Please fill out the fields marked with an asterisk.