Supreme Court of India · 1981-03-24
BHUDEO MANDAL & OTHERS vs STATE OF BIHAR
- Citation / case number
- SC 1974/60449
- Court
- Supreme Court of India
- Petitioner
- BHUDEO MANDAL & OTHERS
- Respondent
- STATE OF BIHAR
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court overturned the conviction of the appellants under Section 326/149 IPC, emphasizing that the High Court failed to establish the common object of the unlawful assembly as required by Section 141 IPC. The Court noted that the appellants were acting under a bona fide belief regarding their right to irrigate the land and that mere possession of lathis did not imply shared intent to commit grievous hurt. Consequently, the Court acquitted the appellants, highlighting the necessity of a clear finding on the assembly's common object before upholding such convictions.