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Supreme Court of India 2016-08-29 partly_allowed

Bharwad Navghanbhaj Jakshibhai & Ors vs State of Gujarat

Bench: 2 — Uday Umesh Lalit

In Brief

Fourteen accused were convicted of causing grievous injuries to an elderly victim through an organized mob attack. The trial court sentenced them to 2 years imprisonment; the High Court enhanced it to 5 years. The Supreme Court upheld the conviction, affirming that mere membership in an unlawful assembly with a common object triggers vicarious liability under Section 149 IPC without requiring proof of individual overt acts. However, the Court modified the sentence by restoring the 2-year term while significantly increasing compensation to Rs.55,000 per accused, finding this sufficient to meet the ends of justice after nine years.

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Criminal Law Unlawful Assembly Vicarious Liability Sentencing Grievous Hurt Indian Penal Code

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