Third Supplementary Chargesheet............... 27
UNLAWFUL ASSEMBLY AND RIOTING .................................. 30
i. Scheme of Indian Penal Code , 1860. ......................................... 30
ii. Analysis of Video Clips and other Evidence ... proceeding to hear arguments on charge.
UNLAWFUL ASSEMBLY AND RIOTING
i. Scheme of Indian Penal Code , 1860.
42. Since the respondents herein were chargesheeted under
Virbhadra Singh & Anr vs Enforcement Directorate & Anr on 3 July, 2017
Author: R
Magistrate would be entitled to exercise its discretion under section 325 Cr.PC and not earlier. The Supreme Court in R.D. Upadhyay v. State ... Arms Act, Counterfeiting, Customs, under Section 326 IPC, under Section 324 IPC, Riots and under Section 354 IPC
under Sections
143 / 144 / 147 / 148 IPC read with S. 435 , 436 , 395 IPC
etc. and later on, on the basis ... framing of charge for the aggravated form of rioting (armed with
deadly weapons) under Section 148 IPC. Further, the trial Judge was
also
charge under Section 302 IPC,
but directed that the charges under the other sections of the Indian Penal Code
would remain and were ... section 148 ,
397 and 436 of the Indian Penal Code. He was guilty of rioting and of being
armed with a deadly weapon which, used
offence under Section 148 IPC also. Section
148 of the IPC reads as follows:-
"148. Rioting, armed with deadly weapon ... Section 148 is an accentuated form of rioting inasmuch as it
stipulates that the rioting has to be done being armed with a deadly
weapon
IPC or for the offence punishable under Section 149 IPC.
It is well settled that Section 149 IPC create ... five specified in Section 141 IPC.
6. Thus, before there can be an unlawful assembly and rioting, there must be five persons
dated 06.03.2020 registered under
sections 147 / 148 / 149 / 120B Indian Penal Code 1860 (' IPC ', for
short) at P.S.: Crime Branch ... short) in connection
with the incidents of violence and rioting that occurred in North-East
Delhi between 22.02.2020 and 26.02.2020. It may be noted that
that charges under sections 406 and 327 read with section 109 Indian Penal Code be framed against all the accused.
(28) There ... might riot be taken that the accused had been impliedly discharged in respect of the offences punishable under section 327 Indian Penal Code and accused
IPC and Sections 302 r/w 149 IPC .
24. Section 147 gives the punishment for rioting; Section 148 stipulates
the punishment ... capable of being used as such. The offence „Rioting‟ has been defined
in Section 146 IPC as the use of force or violence
