Masalti v State of U.P. (1965)

BNS · Offences Against the State

Facts.

Members of an unlawful assembly attacked and killed several people; some accused claimed they struck no blow.

Issue.

Are all members of an unlawful assembly liable for an offence committed by some?

Held.

Yes. Under s.149 (now s.190), every member who shares the common object is liable for the offence committed in prosecution of that object, whether or not he personally did the act.



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