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PETITIONER: GALLU SAH
Vs.
RESPONDENT: THE STATE OF BIHAR
DATE OF JUDGMENT: 20/05/1958
BENCH: DAS, S.K. BENCH: DAS, S.K. DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA
CITATION: 1958 AIR 813 1959 SCR 861
ACT: Criminal Trial-Arson-Principal offender acquitted-Abettor, conviction of-lndian Penal Code (XLV of 1860), ss. 107, 108, 109 and 436.
HEADNOTE: The prosecution case was that a mob Of 40-50 persons including the appellant, formed an unlawful assembly with the common objects of dismantling the hut of R, of setting fire to it and committing assault, if resisted; they assaulted some persons, and the appellant ordered one Budi to set fire to the hut and Budi set fire to it with the result that it was burnt down, Twenty-two persons including the appellant and Budi, were sent up for trial. The Sessions judge found that all of them formed an unlawful assembly with the common objects of dismantling the hut and committing assault on remonstrance, but that there was no common object to set fire to the hut and the act of incendiarism was an isolated act of some members of the unlawful assembly. He found that the appellant had given the order to Budi to set fire to the hut and Budi had set fire to it in consequence of the abetment. The Sessions judge convicted the accused persons under ss. 147, 148 and ...