5 persons take illegal possession of a field. The owner (the complainant party) of the field collects his supporters and goes to the field for ousting the trespassers therefrom. In the free fight, which ensues, the trespassers kill one person from the complainant side. All the accused can be convicted:
Verified Answer
A. With the aid of section 34 of IPC
B. With the aid of section 149 of IPC
C. For the individual injuries caused to the members of the complainant party
D. None of the above
Explanation:
An assembly of five or more persons with a common object to take or retain illegal possession of property constitutes an unlawful assembly. When a member of such an assembly commits an offence (like murder) in prosecution of the common object, or an offence that the members knew was likely to be committed, all members of the unlawful assembly are deemed guilty of that offence by virtue of Section 149 of the IPC.