The case of Lalji and Others vs. State of Uttar Pradesh, AIR 1989 SC 754, is a significant judgment by the Supreme Court of India that deals with the interpretation of Section 149 of the Indian Penal Code (IPC). This section pertains to the liability of members of an unlawful assembly for offences committed in furtherance of a common object.
Key Points from the Judgment:
- Common Object:
- The court emphasized that for Section 149 to apply, there must be a “common object” shared by five or more persons who constitute an unlawful assembly.
- The common object must be to commit an offence, and all members of the assembly are liable for acts committed in furtherance of that object.
- Liability of Members:
- Even if only one member of the unlawful assembly commits an offence in furtherance of the common object, all members of the assembly can be held liable under Section 149.
- It is not necessary for every member to actively participate in the commission of the offence.
- Unlawful Assembly:
- The court clarified that the presence of a common object is essential to constitute an unlawful assembly. Without a common object, the group cannot be termed an unlawful assembly, and Section 149 would not apply.
- Application to the Case:
- In Lalji and Others vs. State of Uttar Pradesh, the court examined whether the accused shared a common object and whether the offence was committed in furtherance of that object.
- The judgment reinforced the principle that mere presence in a group does not make a person liable unless there is evidence of a shared common object to commit an offence.
Also read: Falsely implicated in offence under section 149 IPC