The Hon’ble Supreme Court, on 18th December 2019, in the matter of State Of Uttar Pradesh v. Ravindra @ Babloo And Others pronounced that translating into action, the unlawful common object / succeeding in the unlawful common object, is not necessary in all cases of unlawful assembly. It cannot be said that unless an overt act is proved against a person, who is alleged to be a member of an unlawful assembly, it cannot be said that he is a member of an assembly.
The Hon’ble Supreme Court observed that:
In a case of a mob assault, especially when there is no doubt with regard to the ocular evidence, to look for corroboration of each injury by correlating it with the evidence of a prosecution witness to a particular accused and then to discredit the prosecution case on that basis cannot be upheld and is contrary to the principles of criminal jurisprudence regarding common object and the necessary ingredients for the same. (Para 8)
It cannot be laid down as a general proposition of law that unless an overt act is proved against a person, who is alleged to be a member of an unlawful assembly, it cannot be said that he is a member of an assembly. (Para 10)
The “common object” of an assembly is to be ascertained from the acts and language of the members comprising it, and from a consideration of all the surrounding circumstances. It may be gathered from the course of conduct adopted by the members of the assembly. What the common object of the unlawful assembly is at a particular stage of the incident is essentially a question of fact to be determined, keeping in view the nature of the assembly, the arms carried by the members, and the behaviour of the members at or near the scene of the incident. Sharing of common object is a mental attitude which is to be gathered from the act of a person and result thereof. (Para 11)
It is not necessary under law that in all cases of unlawful assembly, with an unlawful common object, the same must be translated into action or be successful. (Para 11)
Copy of judgement: Judgement_18-Dec-2019
-Adv. Tushar Kaushik