LALJI & ORS. versus STATE OF U.P.

LALJI & ORS. versus STATE OF U.P.

Once it is established that accused formed an unlawful assembly and an offence was committed in prosecution of the common object, all members present are guilty; corroboration for individual participation or overt acts is unnecessary.

Parties
Appellant: Lalji; Appellant: Mansa; Appellant: Milkhi; Appellant: Bhagwati; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
17 January 1989
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Unlawful Assembly, Vicarious Liability, Common Object, Corroboration in Criminal Cases
Criminal Law Unlawful Assembly Vicarious Liability Common Object Corroboration in Criminal Cases

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Parties

Lalji

Appellant

Mansa

Appellant

Milkhi

Appellant

Bhagwati

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether corroboration of individual participation is required for conviction under sections 302/149 IPC
  2. 2 Whether Milkhi and Bhagwati should be acquitted for want of corroboration

Ratio Decidendi

Once it is established that accused formed an unlawful assembly and an offence was committed in prosecution of the common object, all members present are guilty; corroboration for individual participation or overt acts is unnecessary.

Court Disposition

Appeal dismissed

Orders

  • Appellant Mansa to surrender and serve sentence