Therefore the question is whether under these circumstances common object of the unlawful assembly was to cause the death of the deceased and whether every member of the unlawful assembly shared the same? The assembly could not be said to be an unlawful assembly. C one obvious question which arises to the mind of the reader that: What is an Unlawful Assembly? Which simply means that when a group of people come together unlawfully and perform anything in order to achieve a common goal using force and violence, every member of that group is guilty for committing the offence of rioting and they could be punished with a term extending to two years, or with fine, or with both. Even if the offence committed is not in direct prosecution of the common object of the assembly, it may yet fall under Section 149 if it can be held that the offence was such as the members knew was likely to be committed. The common object of the unlawful assembly can be collected from the nature of the assembly, arms used by them and the behaviour of the assembly at or before the scene of occurrence. We may mention here at this stage that Mr. Section 131 states the power of certain armed force officers to disperse assembly.
Section 3 defines unlawful assembly and riots, Section 4 deals with the dispersal of unlawful assemblies and Section 5 Specifies the possibility of the use of force for dispersal of such assemblies. This includes the nature of the assembly, the arms used by them as well as its behaviour at the scene of occurrence or before it. This clause is very comprehensive and is applicable to all the rights a man can possess whether they concern the enjoyment or not. The object of section 144 is to pass an immediate order in advance to prevent any apprehended danger or to immediately give a remedy in case of emergency. There was not even a fracture of rib. The Section describes the offence which is to be so attributed, under two alternative forms, viz. Two special leave petitions were filed against the judgment of the High Court.
This turn of events occurs the moment one member calls on others to assault X and in response, the rest of the party starts chasing X who was running away from them. If persons are rightfully in possession of land, and find it necessary to protect themselves from aggression, they are justified in taking precautions by arming themselves and using such force as is necessary to prevent the aggression. Section 141 and 149 create a specific offence co-jointly with the common object and unlawful assembly. Mischief and criminal trespass have been defined under sections 425 and 441 of the Code respectively. Fifth — By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Even after this, there was not much progress in the case on the part of the police to see to it that criminal proceedings were started against him. No proof of preparation or premeditation is necessary to impute a common object to members of an unlawful assembly. Some modern state statutes require both assembly and the commission of one of the acts proscribed by the statutes, even if the purpose of the assembly is not completed. The injury attributed to A-2 was on the cheek and the doctor did not say that it caused any damage. Wantonly giving provocation with intent to cause riot—if rioting be committed—if not committed. Niyama, that assembling at a place with the common object of releasing a friend from illegal detention by the police does not constitute an unlawful assembly. Similarly, in Amar Singh v.
The question is one of fact in each case as to whether a person happens to be innocently present there or is actually a member of the unlawful assembly. Since most of the members of the mob were armed with lathis, the rest of the mob was not unaware that force was likely to be used. Thakur, at Laheriasarai between 24. The Panches advised them not to get involved in an altercation. The Panches intervened and assured that the matter will be resolved shortly. C Cases of ordinary public nuisance are covered under section 133; while, cases of urgency are covered by section 144. State of Andhra Pradesh, 1997 Supreme Today 127.
The officer in charge of Mirkat Thana, the closest police station, ordered this group to disperse. Previous concert is not necessary. The Sessions Court made a reference for quashing of the commitment, stating that a Magistrate could not have taken cognizance of these offences in the absence of a sanction from the State Government with reference to positions the provisions of Sections 132 and 197of the Code of Criminal Procedure. Any attempt to vindicate such a right by the use of force when the supply of water has been withheld must necessarily be an attempt to enforce a right or supposed right within the meaning of this clause and not an act to maintain an existing right of peaceful possession. The mere fact that there was a probability of the public peace being disturbed with the formation of an assembly with five or more persons does not prove that it was an unlawful assembly. During the pendency of this appeal, appellant Nos. It is not necessary that they must have the prohibited common object at the time of assembling for the first time; it may develop later on also.
Complainant sustained injuries on the right side of the head and right hand whereas Uday Chandra Sah sustained injuries on his head and had to be carried to hospital for treatment. A dispute had arisen between the two groups three days before the date of incident in question, which incident was brought to the knowledge of the villagers by the informant and Panches had advised both the groups not to involve in any altercation. After the trial was over, the learned Additional Sessions Judge after analysing the evidence and material produced before him came to the conclusion that charges against the accused persons had been satisfactorily proved by the prosecution. In this proceeding accused died on spot. If the common object of an assembly is perfectly legal, then it cannot be deemed to be illegal. On this exhortation, Ram Chandra Sah pulled his gun and shot twice at Ram Udgar Sah.
A disturbance of the public peace by three or more persons who meet together with an intent mutually to assist each other in the execution of some unlawful enterprise of a private nature, with force and violence; if they move forward towards its execution, it is then a rout q. Though the object of an assembly may be common, the intentions of the members of the assembly may differ and the only similarity amongst these may be that they all are unlawful. Mere overawing without criminal force or show of criminal force will not attract the clause. Apart from them, their associates in the occurrence also would be constructively guilty of the said offence, if the principles of constructive liability are applicable to them. Assembling with the common object to resist either of these by five or more persons becomes an unlawful assembly within this clause of the section. An unlawful assembly which has made a motion towards its common purpose was termed a rout, and if the unlawful assembly should proceed to carry out its purpose, e. Some present and immediate purpose should be there to carry into effect the common object.