useful to first refer the Section 149 IPC which reads as follows:-
" Section 149 IPC:- Every member of unlawful assembly ... prosecution of that object. While dealing with Section 34 of the Indian Penal Code and Section 149 IPC, it was held therein that
section 149
of the IPC. Suffice it to say that in order to bring home the charge
under section 149 IPC ... essential ingredients of section 141 of the
IPC must be established. While considering the applicability of
necessary ingredients of Section 149
mere framing of charge under Section 302 IPC simplicitor, without referring
to Section 149 IPC against A1 to A3 is only ... with Section 149 IPC and not under Section 302
IPC. Indeed no specific charge indicating the applicability of Section
149 IPC
liability under Section 149
IPC. Section 149 IPC consists of two parts:
11.1 The first part of the section means that ... likely to be
committed. Once the court finds that the ingredients
of Section 149 IPC are fulfilled, every person who
at the time
ingredients of Section 149 of IPC and the prosecution
has falsely registered the case under Section 149 of IPC
against ... punished under Section
323 of IPC, but they have suffered imprisonment under
Section 149 of IPC, and since ingredients of Sec
section
149 IPC. That once the essential ingredients of section 149 IPC were
established, it would not be open ... conviction under section 149 IPC, the
essential ingredients of section 149 IPC must be established. In the
facts of the present
under Sections 302 / 149 IPC?
10) In order to understand the rival claims, it is useful to
refer Section 149 IPC ... that offence."
11) While considering the applicability of necessary ingredients
of Section 149 IPC, we had an occasion to consider the same
appellant under Section 302 read with Section
149 IPC should be upheld by this Court.
12. Section 149 IPC creates ... assembly may fasten
vicariously criminal liability under Section 149.
There are two essential ingredients of Section
149, viz., (1) commission of an offence
likely to be committed.
Once the court finds that the ingredients of Section
149 IPC are fulfilled, every person who at the time ... above
two ingredients. Before recording the conviction
under Section 149 IPC, the essential ingredients of
Section 141 IPC must be established
Hemant (Deleted) vs State Of M.P. on 13 May, 2022
Author: Gurpal Singh Ahluwalia
