The Supreme Court on Wednesday (October 29) upheld the conviction of three individuals who were part of a six-member group involved in a fatal assault on the deceased. The Court held that, regardless of their individual acts, once they shared a common object and participated with overt intent as members of an unlawful assembly, they were vicariously liable for an offence under Section 149 IPC.

“it is not necessary for each member of the unlawful assembly to have committed a specific overt act. Once participation and sharing of the common object are proved, every member becomes vicariously liable for offences committed in prosecution of that object.” , the court said, placing reliance on Masalti v. State of U.P., AIR 1965 SC 202.

A bench of Justices PK Mishra and Vipul M. Pancholi re

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