*Criminal Law - Section 149 of IPC, 1860 - Common Object - Unlawful Assembly - Essentials before Conviction* - "Before convicting accused with the aid of Section 149 IPC, the Court must give clear finding regarding nature of common object and that the object was unlawful. In the absence of such finding as also any overt act on the part of the accused persons, *mere fact that they were armed would not be sufficient* to prove common object. Section 149 of IPC creates a specific offence and deals with punishment of that offence. Whenever the court convicts any person or persons of an offence with the aid of Section 149, a *clear finding regarding the common object of the assembly must be given* and the evidence discussed must show not only the *nature of the common object* but also that the object was unlawful. Before recording a conviction under Section 149 of IPC, essential ingredients of Section 141 of IPC must be established."
Citation : *Kuldip Yadav v. State of Bihar [2011] GCtR 6614 (SC)*
Bench Strength : *2*
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