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Head Note

Indian Penal Code,1860  - Section 143 , Section 147 , Section 148 , Section 342 , Section 449 , Section 302

Conviction and sentence - Accused formed unlawful assembly - Armed with deadly weapons - Attacked victim and finally - Inflicted three cut injuries on head with chopper - Whether prosecution established - Conviction of remaining accused-appellants under Sections 302/149 IPC - No - In absence of finding regarding unlawful nature of common object - Also any overt act - Fact that armed would not be sufficient to prove common object - Even Doctor opined injury sustained on head - Sufficient to cause death in ordinary course of nature - Conviction set aside - Appeal allowed.

Topic(s)-Unlawful assembly

Important Decision(s)- In absence of finding regarding unlawful nature of common object - Also any overt act - Conviction set aside.