Penal Code, 1860–Sec. 148, 149, 304 Pt. I & 323/149 [Corresponding Sec. 191(3), 190, 105 Pt.I & 115(2)/190 of BNS, 2023]–Vicarious liability of the appellants–Determination–Evidence on record fails to establish that the appellants R, D & T were the part of an unlawful assembly formed with common object of causing the death of the deceased–No material indicates premeditation, co-ordination, or a collective design among these appellants–Mere presence at the scene or passive association without shared criminal intent or overt action, is insufficient to attract vicarious liability u/s. 149–Injuries were inflicted exclusively by accused F and R–Appellants neither exhorted or encouraged the principal assailants nor they were armed with deadly weapons–Their mere presence at or near the scene in the backdrop of an existing village dispute, by itself cannot be construed as participation in an unlawful assembly with the object of committing murder–They are entitled to be acquitted.
