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Intention of members of unlawful assembly can be gathered by nature, number and location of injuries inflicted

In Ganga Ram Sah and Ors. v. State of Bihar, the appeal before the Hon'ble Supreme Court was against the affirmation of the conviction and sentence recorded by the trial court by the High Court.

Appellant was sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302 of Indian Penal Code,1860 (IPC) and rest of accused persons were also sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302/109 of IPC.

While agreeing with the High Court, the Hon'ble High Court held that it is trite law that, common object of unlawful assembly has to be inferred from the membership, the weapons used and the nature of the injuries as well as other surrounding circumstances. Intention of members of unlawful assembly can be gathered by nature, number and location of injuries inflicted. In instant case, repeated gun shots fired by Accused on the person of deceased, and injuries caused by lathis by other accused persons on complainant and his second brother on their heads, clearly demonstrate the objective to cause murder of these persons. Court dismissed the appeal.

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