Common Object : A Crystal Clear View of Supreme Court
An important Judgment was passed by Hon'ble Supreme Court on 14 December 2017.
Explaining the legal issues around common object, it has been commented at page 6 of Joseph v State [2017] GCtR 2783 (SC) thus : -
"What is important in each case is to find out if the offence was committed to accomplish the common object of the assembly or was the one which the members knew to be likely to be committed. Once the court finds that the ingredients of Section 149 IPC are fulfilled, every person who at the time of committing that offence was a member of the assembly has to be held guilty of that offence. After such a finding, it would not be open to the court to see as to who actually did the offensive act nor would it be open to the court to require the prosecution to prove which of the members did which of the above two ingredients. Before recording the conviction under Section 149 IPC, the essential ingredients of Section 141 IPC must be established."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 14 December 2017.
Written by
Vishal
Delhi
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