Multiple choice

10 persons were charged for offence under section 302/149 IPC, out of which six persons were acquitted, the remaining four

  1. cannot be convicted for offence under section 302/1 49 of IPC

  2. cannot be convicted for offence under section 302 of IPC

  3. cannot be convicted for offence under section 149 of IPC

  4. All of the above
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A Correct answer
Explanation

Section 149 IPC (unlawful assembly) requires 5+ persons with a common object. When 6 out of 10 are acquitted, the prosecution fails to prove the essential ingredient of unlawful assembly - the common object among at least 5 persons. Without establishing unlawful assembly under Section 149, conviction under Section 302/149 (murder with common object) is impossible for the remaining 4.

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