Indian Penal Code, 1860; Section 141, 148,149 – Condition precedent for attracting Section 148 of the IPC is that there has to be an unlawful assembly. Under Section 141 of the IPC, the unlawful assembly must be of five or more persons -In this case, High Court has acquitted two out of five accused of all charges. Therefore there was no unlawful assembly within the meaning of Section 141 of the IPC. Thus, the conviction under Section 148 of the IPC of other three accused cannot be sustained. (Para 7)
Test Identification Parade -A test identification parade is not mandatory. The test identification parade is a part of the investigation. It is useful when the eyewitnesses do not know the accused before the incident. The test identification parade is usually conducted immediately after the arrest of the accused. Perhaps, if the test identification parade is properly conducted and is proved, it gives credence of the identification of the accused by the concerned eyewitnesses before the Court. The effect of the prosecution’s failure to conduct a test identification parade will depend on the facts of each case. (Para 8)