
COMMON
OBJECT
Common
object
When
it is found that a particular offence has been committed by an individual
member of the unlawful assembly, which was neither done in prosecution of the
common object of the assembly nor other members of the assembly knew that such
an offence would be committed, such members of the assembly cannot be held
liable u/s 149 of the Penal Code. AbdusSattar and others Vs. The State,
14BLD(AD) 133
Common
Object
For a
conviction under section 302/149 of the Penal Code the prosecution must prove
and the court must find that the members of the unlawful assembly had the
common ob- ject of killing the victim. In the absence of a common object for
murder, conviction under sections 302/149 of the Penal Code is not sustainable.
The State
Vs. Khalilur Rahman, 15BLD (HCD) 315