RAMU GOPE AND ORS. versus STATE OF BIHAR

RAMU GOPE AND ORS. versus STATE OF BIHAR

The acquittal of the named accused (Harihar Gope) did not render illegal the conviction of other persons proved to be members of the unlawful assembly under s.302 read with s.149 I.P.C. because the High Court found that (1) there was an unlawful assembly with the common object to rescue cattle and to beat or kill those who resisted, (2) members of the assembly assaulted villagers and caused injuries of a kind known to be likely to be caused in prosecution of that object, and (3) the fatal injuries to Budhia were caused by some member of the unlawful assembly though the particular offender could not be identified.

Parties
Appellants: Ramu Gope and Ors.; Respondent: State of Bihar; Co Accused: Harihar Gope
Jurisdiction
India
Judgment Date
29 October 1968
Procedural Posture
Criminal Appeal (by Special Leave) / Appeal From the Judgment and Order Dated January 29, 1966 of the Patna High Court in Criminal Appeal No. 231 of 1963 to the Supreme Court
Outcome
Appeal dismissed
Legal Topics
S.149 I.p.c., S.302 I.p.c., Unlawful Assembly, Common Object, Vicarious Liability
Criminal Law S.149 I.p.c. S.302 I.p.c. Unlawful Assembly Common Object Vicarious Liability

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Parties

Ramu Gope and Ors.

Appellants

State of Bihar

Respondent

Harihar Gope

Co Accused

Procedural Posture

Criminal Appeal (by Special Leave) / Appeal From the Judgment and Order Dated January 29, 1966 of the Patna High Court in Criminal Appeal No. 231 of 1963 to the Supreme Court

Legal Issues

  1. 1 Whether conviction under s.302 read with s.149 I.P.C. of persons proved to be members of an unlawful assembly can be sustained notwithstanding the acquittal of a named accused alleged to have inflicted the fatal injury

Ratio Decidendi

The acquittal of the named accused (Harihar Gope) did not render illegal the conviction of other persons proved to be members of the unlawful assembly under s.302 read with s.149 I.P.C. because the High Court found that (1) there was an unlawful assembly with the common object to rescue cattle and to beat or kill those who resisted, (2) members of the assembly assaulted villagers and caused injuries of a kind known to be likely to be caused in prosecution of that object, and (3) the fatal injuries to Budhia were caused by some member of the unlawful assembly though the particular offender could not be identified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Convictions of the appellants other than Harihar Gope for the offence under s.302 read with s.149 I.P.C. are upheld.