Headline
The Supreme Court of India upholds conviction of accused for murder and rioting in spite of no direct injury by him.
Summary
The Supreme Court of India upheld the conviction of Nitya Nand for murder and rioting, pronouncing that mere presence at the scene of crime as part of an unlawful assembly is enough for convicting an accused under Section 149 of the Indian Penal Code (IPC), even though without the direct involvement of him in the murder.
Key Facts
- Case Name: Nitya Nand vs. State of U.P. & Anr.
- Name of Judges: Justice Abhay S. Oka and Justice Ujjal Bhuyan.
- In 2012,Nitya Nand,the accused was convicted by the Allahabad High Court for murder and rioting.
- Nitya Nand,The accused fired a pistol at the scene of crime but did not directly injure anyone there.
Legal Insights
The Supreme Court of India confirmed that under Section 149 Indian Penal Code (IPC), any member of an unlawful assembly can be convicted of crimes committed by the group, even if it was without a direct act by the individual.
Impact
It strengthens the use of Section 149 of Indian Penal Code (IPC), holding individuals responsible for being part of unlawful assemblies,despite their not direct involvement in violence.
Why it Matters
It showcases the significance of collective responsibility in unlawful assemblies and focuses on the principle of constructive liability in criminal law.
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