IPC - S. 148

IPC, Section 148/149  - Appellant was already acquitted by the Sessions Judge for commission of offences falling under Section 148/149IPC -  Appellant's acquittal was not challenged by the State by filing any appeal before the High Court - There was no occasion for the High Court to have gone into this question in an appeal filed by the accused (appellant herein) as the same had attained finality – Order of high court High Court dismissing the appeal and further convicting the appellant for commission of offences punishable under Section 148/149 IPC set aside. (2018)2 SCeJ 1558/ DOD 26/10/2018

IPC, Section 148/149 - Five co­accused persons having also been acquitted of the charges framed against them under Section 148/149IPC, no case was made out against the appellant for his conviction under Section 148/149  - Once it was held by the Sessions Judge that all the six accused persons could not be convicted under Section 148/149 and were accordingly acquitted and no appeal having been filed by the State against this part of the order, the High Court was not justified in convicting the appellant under Section 148/149IPC. (2018)2 SCeJ 1558 / / DOD 26/10/2018

IPC, Section 148/149 - Prosecution had named six accused persons as being the members of "unlawful assembly" of which the appellant was one - Not the case of prosecution that even though these six accused persons were acquitted of the charges framed under Section 148/149 IPC, yet there were some more unknown persons present at the time of occurrence with the appellant other than five named accused persons and, therefore, the appellant could still be convicted under Section 148/149 as a member of an unlawful assembly with such unknown persons notwithstanding the acquittal of five accused persons – Conviction set aside. (2018)2 SCeJ 1558 /  DOD 26/10/2018