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Supreme Court of India 2022-05-20 dismissed

Rishiraj @ Tutul Mukharjee & Anr vs State of Chhattisgarh

Bench: 3 — Uday Umesh Lalit

In Brief

Rishiraj and four others were convicted of murder under Section 302 read with Section 149 IPC and the Arms Act after a killing at a hotel in Bilaspur. While two principal accused directly fired the fatal shots, the appellants participated in the initial physical altercation and verbally exhorted the shooters ('kill him'), encouraging the final fatal shot. The Supreme Court held that this participation—beyond mere presence—established their vicarious liability under Section 149. The appellants never attempted to dissociate from the violence or prevent the murders. Their conviction for vicarious liability in the common criminal object was upheld and the appeals were dismissed."

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Criminal Law Vicarious Liability Sections 148 and 149 IPC Murder Common Object Arms Act

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