Summary
The Court acquitted the appellant of offences arising from a mob killing. The evidence reliably attributed only the act of pointing out where the victim was hiding; it did not prove that he accompanied the armed mob, carried a weapon, assaulted anyone or shared its common object. His nearby home explained his presence. A witness relied on to establish pursuit admitted that his account came from others. Constructive liability could not extend to an onlooker without proof of the requisite participation and common object.
Issues
- Whether the appellant’s presence and disclosure of the victim’s hiding place proved membership of the unlawful assembly and its common object.
- Whether the evidence relied on to show that he chased the victim could sustain conviction.
Provisions considered
- Section 149, Indian Penal Code, 1860Constructive liability required evidence establishing membership and the common object; natural presence and pointing out the hiding place were insufficient on these facts. (¶¶ 9, 10, 11, 14)
Held
- The witness relied on to show pursuit admitted that he had not seen the incident and named persons from what others told him. His account could not establish the appellant’s participation; the other evidence did not sustain the finding that the appellant accompanied the mob. (¶¶ 8, 9, 11)
- Courts must guard against convicting passive onlookers by extending constructive liability. Conduct, weapons, motive and surrounding circumstances must provide assurance of membership and the shared common object. Joining or acquiring the object at the scene was possible in law, but was not proved here. (¶ 11)
- The appellant’s nearby home explained his presence. He was unarmed and did not assault anyone. Pointing out the hiding place to a murderous armed mob, without the further participation or shared object alleged, did not make him liable under Section 149 in these circumstances. Inconsistent accounts and omission of his name by several witnesses reinforced the failure of proof. (¶¶ 5, 6, 10, 11, 14)
Result
Appeal allowed. Convictions under Sections 147, 148, 302, 201 and 149 IPC were set aside and the appellant cleanly acquitted, with immediate release unless required in another case; parties to bear their own costs.