NDLI: Subed Ali and Others Vs. The State of Assam

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code Criminal law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s. 302/34 – The prosecution alleged thattwo persons were assaulted while they were returning from themarket on bicycles along with others – One of them died on thespot and the other one died in the hospital – The appellants-accused were convicted u/s. 302/34 and sentenced to lifeimprisonment – Originally there were five named accused persons– Accused nos. 3 and 5 were acquitted on the benefit of doubt –There is no appeal against their acquittals – Appellants contendedthat if two accused have been acquitted giving them benefit ofdoubt on basis of the same evidence, the conviction of theappellants is unjustified – On appeal, held: The P.W. 5, 6, 7 and 9deposed that appellant no. 1 stopped the deceased, then appellantno. 2 assaulted one of them who died on the spot and appellantno. 3 assaulted the other person/victim and injured him – Whenthe other victim tried to flee from the place of occurrence, he waschased by accused persons and caught and was brutally assaulted– The other victim later died in the hospital – There is no reasonto doubt the presence and assault on the two deceased by appellantnos. 2 & 3 to grant them acquittal on any benefit of doubt or paritywith the acquitted, merely because no appeal was preferred – Asfar as appellant no. 1 is concerned, the appellant no. 1 had stoppedthe two deceased who were returning from the market and theassault commenced after the deceased had halted – No furtherevidence is required with regard to existence of common intentionin appellant no. 1 to commit the offence in question – Resultantly,there is no reason to interfere with the conviction and sentence ofthe appellants.Criminal law – Common intention – Held: Common intentionconsists of several persons acting in unison to achieve a commonpurpose, though their roles may be different – The role may beactive or passive is irrelevant, once common intention isestablished – There can hardly be any direct evidence of commonintention – It is more a matter of inference to be drawn from thefacts and circumstances of a case based on the cumulativeassessment of the nature of evidence available against theparticipants – The foundation for conviction on the basis ofcommon intention is based on the principle of vicariousresponsibility by which a person is held to be answerable for theacts of others with whom he shared the common intention.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2020 INSC 566
Petitioner	Subed Ali And Others
Respondent	The State Of Assam
SCR	[2020] 8 S.C.R. 731
Judgement Date	2020-09-30
Case Number	1401

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