Section 149 In absence of evidence and finding as to common object of killing the victim the conviction of all the accused persons including the appellants, who are the members of a same family, is unsafe. [Per Hasan Foez Siddique, J majority] .
Penal Code (XLV of 1860)
Section 149
The essential ingredients of section 149 are that there must be an unlawful assembly for commission of an offence by any member of the unlawful assembly and such offence must have been committed in prosecution of the common object of the assembly; or must be such as the members of the assembly knew that the offence to be likely to be committed. If those elements are satisfied, then only a conviction under section 149 of the Penal Code may be substantiated. [Per Hasan Foez Siddique, J majority] Abu Taher vs State [73 DLR (AD) 10]
Criminal Trial
If two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and other to his, the view which favourable to the accused should be adopted innocence. This principle has a special relevance in cases wherein the guilt of the accused is sought to be established' by circumstantial evidence. [Per Hasan Foez Siddique, J majority] Abu Taher vs State [73 DLR (AD) 10 ]
Penal Code (XLV of 1860)
Section 149
When there is a general allegation against a large number of persons the Court will hesitate to convict all of them on theory of constructive liability on vague evidence. [Per Hasan Foez Siddique, J majority] Abu Taher vs State [73 DLR (AD) 10 ]
Unlawful assembly
Before applying section 149
the Court must have indubitable evidence that the members of the unlawful
assembly constituted the statutory number of five, though some of them might
not have been named, or identified, or brought to trial Rafiqul Islam Vs. The
State 13BLD (AD)117 Ref: A.LR.1953 SC 364; 1969 SCMR 537: AIR 1960 SC(290); AIR
1963 SC 174; AIR 1974 SC 1567; AIR 1975 SC 1917 (1921) and 1922); AIR 1978 SC
1233-Cited.
