HomeC Mathew v. State of Travancore 1956 AIR 241, 1955 SCR (2)1057

Facts

29 people had entered a police station with lethal weapons like knives, daggers, etc, to rescue two of their comrades who were arrested and were in lock-up. During this raid, they killed two policemen. The Sessions Judge had acquitted 21 of them of all charges while the remaining 10 were charged for lesser offences but acquitted for the charge of murder. But the High Court convicted them for murder and thus, they appealed.

Issue

Whether every member of the raid had an unlawful common object?

Rule

Section 149 IPC.

Analysis

The Court pointed out that the common object here was not to murder the two policemen. The common object was assumed to be the rescue of their comrades by the Court. But, the Court also pointed out that it cannot be said that the members did not have the intention to cause violence as they had deadly weapons with them and even the policemen were armed. The court observed that the members knew about the likeliness of murder during the raid and Section 149 puts liability on members for offences likely to be committed by the assembly.

Conclusion

The appeal by the accused was dismissed.

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