Membership of Unlawful Assembly once Established it is not incumbent on the prosecution to establish whether any specific overt act has been assigned to any accused.

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 In the Case of State of Uttar Pradesh Vs Kishanpal & Ors.: SC 2008: It was held that :

It is well settled that once a membership of an unlawful assembly is established it is not incumbent on the prosecution to establish whether any specific overt act has been assigned to any accused. In other words, mere membership of the unlawful assembly is sufficient and every member of an unlawful assembly is vicariously liable for the acts done by others either in the prosecution of the common object of  the unlawful assembly or such which the members of the unlawful assembly knew were likely to be committed.

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