GALLU SAH versus THE STATE OF BIHAR

GALLU SAH versus THE STATE OF BIHAR

On the findings, the person who set fire to the hut was a member of the unlawful assembly and did so in consequence of the appellant's order; therefore, appellant's conviction under Section 436 read with Section 109 IPC is valid.

Parties
Appellant: Gallu Sah; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
20 May 1958
Procedural Posture
Criminal Appellate / Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Arson, Abetment, Unlawful Assembly
Criminal Law Arson Abetment Unlawful Assembly

Case Brief

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Parties

Gallu Sah

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appellate / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the appellant could be convicted for abetment (Section 436 read with Section 109, IPC) when the alleged principal offender was acquitted of arson
  2. 2 Whether evidence established that the offence of arson was committed in consequence of appellant's instigation

Ratio Decidendi

On the findings, the person who set fire to the hut was a member of the unlawful assembly and did so in consequence of the appellant's order; therefore, appellant's conviction under Section 436 read with Section 109 IPC is valid.

Court Disposition

Appeal dismissed

Orders

  • Appellant to surrender to serve out remainder of sentence