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Anup Lal Yadav v. State of Bihar

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 775 of 2007)Decided 26 Sept 2014
Criminal Appeal No. 775 of 2007
Justice Ranjana Prakash Desai · Justice N.V. Ramana

Background

An armed mob attacked Singhimari village in 1974, killing fourteen people, burning homes and looting property. Three appellants challenged convictions upheld by the High Court. They argued they were passive onlookers and that individual acts had not been sufficiently attributed to each of them.

Decision Breakdown

The Supreme Court dismissed the appeals and upheld the convictions and sentences. Consistent eyewitness and other evidence showed that the appellants led or actively joined the violence and shared the mob's unlawful purpose. Section 149 IPC makes a member responsible for offences committed to advance the assembly's common object, or known to be likely in its pursuit. The prosecution therefore did not need to prove that each appellant personally inflicted a particular fatal injury.

Lesson Learnt

Joining an unlawful assembly with a shared violent purpose can create liability for crimes committed by its members. Responsibility is based on proved membership and shared purpose or knowledge, rather than requiring proof of every person's individual blow.

Official source (sci.gov.in)View Judgment (PDF)

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