Cause Title: Nitya Nand vs. State of U.P. & Anr.
Case Number: Criminal Appeal No. 1348 of 2014
Judgment Date: 4th September 2024
Quorum/Bench: Ujjal Bhuyan, J., and Abhay S. Oka, J.
"Section 149 IPC says that every member of an unlawful assembly shall be guilty of the offence committed in prosecution of the common object. Section 149 IPC is quite categorical. It says that if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of committing of that offence, is a member of the said assembly, is guilty of that offence." [Para 29]
"Section 149 IPC creates a constructive or vicarious liability of the members of the unlawful assembly for the unlawful acts committed pursuant to the common object by any other member of that assembly. This principle ropes in every member of the assembly to be guilty of an offence where that offence is committed by any member of that assembly in prosecution of common object."[Para 30]
Submissions and Observations:
Appellant's Submission:The appellant argued that his conviction under Sections 148 and 302/149 IPC was erroneous as there was no firearm injury found on the deceased, and no country-made pistol or cartridge was recovered. Further, crucial witnesses like Laxmi Narain and Kuldeep Kumar Tiwari were not examined, casting doubt on the prosecution's case.
Respondent's Submission:The prosecution emphasized that the appellant was part of an unlawful assembly, which had a clear motive to kill the deceased due to property disputes. Even though no direct assault was attributed to the appellant, his act of firing a shot in the air to facilitate the escape of the other accused made him complicit in the crime under Section 149 IPC.
Court's Observation:The Court noted that the prosecution had sufficiently established that the appellant was a member of the unlawful assembly, and his actions helped the other accused escape after the murder. The absence of a direct assault by the appellant did not absolve him, as Section 149 IPC creates vicarious liability for members of an unlawful assembly.
Decision of the Judgment:
The Court dismissed the appeal, affirming the appellant's conviction under Sections 148 and 302/149 IPC. The Court held that the appellant was rightly held vicariously liable as a member of the unlawful assembly, which had the common object of causing the death of the deceased.
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