MIZAJI AND ANOTHER versus THE STATE OF U.P.

MIZAJI AND ANOTHER versus THE STATE OF U.P.

The appellants formed an unlawful assembly with the common object of taking forcible possession; they went armed and were prepared to meet opposition even to the extent of causing death, so the murder committed by one member was immediately connected with the common object or was such that all members knew it was...

Source-derived case information.

Parties
Appellant: Mizaji and Another; Respondent: State of U. P.
Jurisdiction
India
Judgment Date
18 December 1958
Procedural Posture
Criminal / Appeal From High Court (criminal Appeals Nos. 81 and 82 of 1958)
Outcome
Appeals dismissed
Legal Topics
Unlawful Assembly, Section 149 IPC, Murder, Section 302 IPC, Rioting, Section 148 IPC, Section 147 IPC, Sentence
Criminal Law Unlawful Assembly Section 149 IPC Murder Section 302 IPC Rioting Section 148 IPC Section 147 IPC +1 more

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Summary, issues, holding and outcome

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Parties

Mizaji and Another

Appellant

State of U. P.

Respondent

Procedural Posture

Criminal / Appeal From High Court (criminal Appeals Nos. 81 and 82 of 1958)

Legal Issues

  1. 1 Whether appellants were liable under s.149 IPC for a murder committed by one member of the unlawful assembly
  2. 2 Whether the murder was committed in prosecution of the common object or was such as the members knew was likely to be committed
  3. 3 Whether other appellants had knowledge that Mizaji carried a pistol

Ratio Decidendi

The appellants formed an unlawful assembly with the common object of taking forcible possession; they went armed and were prepared to meet opposition even to the extent of causing death, so the murder committed by one member was immediately connected with the common object or was such that all members knew it was likely to be committed, attracting liability under s.302 read with s.149 IPC; Mizaji, who carried and used the pistol, was properly sentenced to death.

Court Disposition

Appeals dismissed

Orders

  • Convictions under s.302 read with s.149 Indian Penal Code confirmed
  • Mizaji sentenced to death