In Brief
Prabhu Dayal was convicted of murder under Sections 302/149 of the Indian Penal Code for his participation in an unlawful assembly that attacked the deceased. The appellant challenged the conviction, arguing that the FIR was delayed and improperly lodged, and that the charge under Section 149 was inappropriate. The Supreme Court held that the FIR was not delayed, being a detailed addendum to an earlier police report, and that under Section 149, every member of an unlawful assembly is vicariously liable for offences committed in pursuit of the common object, regardless of whether the member personally commits an overt act. The conviction and life sentence were confirmed.
The lawyer headnote and full judgment text are available to registered users.