*Penal Code, 1860 — Ss. 302/304 Pt. II, 324, 336 147, 148 r/w S. 149 or S. 120-B — Ingredients for applicability of S. 149 or S. 120-B — Summarised:*
In absence of evidence of any conspiracy or common object being established, accused liable for their individual acts only. Moreover, mere presence does not make a person member of unlawful assembly unless he actively participates in rioting or does some overt act with necessary criminal intention or shares common object of unlawful assembly. *[Vijay Pandurang Thakre v. State of Maharashtra, (2017) 4 SCC 377]*
In absence of evidence of any conspiracy or common object being established, accused liable for their individual acts only. Moreover, mere presence does not make a person member of unlawful assembly unless he actively participates in rioting or does some overt act with necessary criminal intention or shares common object of unlawful assembly. *[Vijay Pandurang Thakre v. State of Maharashtra, (2017) 4 SCC 377]*
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