Amerika Rai & others Vs. State of Bihar
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Head Note
Indian Penal Code,1860 - Section 302 , Section 149 , The Arms Act,1959 - Section 27
Murder with unlawful assembly - All accused convicted - Murder of young bridegroom - Appeals - Whether all accused - Booked with aid of Section 149 IPC - Ground - Members of unlawful assembly having common object - Any active participation - Presence with an active mind - Furtherance of common object - Deceased seeing - Wife's relation being slapped and fisted - Resisted accused - Ultimately proved - A raison d'etre his death - 5 eye-witnesses - Presence most natural on spot - Supported prosecution version regarding deadly attack - Firing at his brother PW-7 - Supreme Court - Exhortation to bring gun - Definitely speaks guilty mind - Also use of guns - Very clear guilty mind - No dispute about - Formation of unlawful assembly - Common object - Appeals dismissed.
Topic(s)-Murder with unlawful assembly , Common object