Indian Kanoon - Search engine for Indian Law

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State.

4. It is the case of the prosecution that there are totally 46 accused in this case and the petitioner who has been arrayed as A4, is a Dalit belonging to Hindu Pallan community and the allegation is that the members of the Pallan community formed into an unlawful assembly on 29.05.2015 around 10.30 a.m. and attacked the dalits of Parayan community, in which, one person lost his life, several vehicles were torched and properties damaged. To be more precise, it may be apposite to extract the relevant portion from the final report, which reads as under:

6. Per contra, the learned Additional Public Prosecutor refuted the contentions.

7. This Court gave its anxious consideration to the rival submissions.

8. On a reading of the Section 161(3) Cr.P.C. statements of the injured witnesses, it is seen that they have clearly stated that a large group belonging to Pallan community armed with deadly weapons gathered on 29.05.2015, in which, this petitioner was present with the common object of attacking the members of the Parayan community, since both communities were claiming right to enjoy the local Ambedkar stadium. For attracting the provisions of unlawful assembly, it is sufficient that five or more members gather together with a common object of committing an offence. In this case, the witnesses have stated that A1, A8, A21, A32, A37, A38, A44 and A45 were also armed with deadly weapons; the petitioner, who was A4 was also part of the unlawful assembly; the unlawful assembly gathered with a common object of attacking the members of the Parayan group, pursuant to which, they indiscriminately attacked and caused injuries to several persons and death of one Karthick.