ISSUE:
Whether the trial was vitiated due to the Special Judge taking cognizance directly, without committal by a Magistrate, as required under Section 193 CrPC?
Whether the conviction of all accused persons under Section 149 IPC was justified, considering the requirement of common object?
RULE:
An objection regarding non-compliance with Section 193 CrPC does not vitiate the trial unless it results in a failure of justice or causes prejudice to the accused. The statutory bar under Section 193 CrPC does not render the trial void unless it can be shown that the accused suffered any prejudice.
For conviction under Section 149 IPC, the prosecution must establish that the accused shared a common object and knew the offense was likely to be committed. Mere presence is not sufficient.