Thakore Dolji Vanvirji And Others vs State Of Gujarat on 15 September, 1992
Having regard to the omnibus
allegation, we think it is not safe to convict every one of them for the
offence of murder by applying Section 149 IPC. On a careful examination of
the entire prosecution case and the surrounding circumstances, we think the
common object of the unlawful assembly was only to cause grievous hurt. But
A-1 acted in his own individual manner and caused one injury with the sword
which proved fatal.”
The aforesaid discussion is in the context of evidence that emerged in the
said case wherein the Court found, as a fact, that the common object of
unlawful assembly was only to cause grievous hurt. Thus, in that case, when
common object to commit murder was not established and the Court found that
apart from the primary accused (A-1) who had inflicted a fatal blow, there
were omnibus allegations of involvement qua other accused persons, it was
not safe to convict other persons under Section 302 with the aid of Section
149 of IPC. The situation, in the present case, is altogether different.