Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorists and Disruptive Activities Common intention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Terrorists and Disruptive Activities (Prevention) Act, 1987- s.3(1) - Retaliatory attack by group of extremists leadingtq death of 35 persons and injury to 7 persons - Accused-appellants convicted and sentenced to death - Justification- Held: On facts, even if deficiencies in the prosecution areignored, prosecution case against appellant no. 2 is rather weak- His name not mentioned in the FIR - PW-2 injured witnessfailed to identify appellant no.2 in Court - None of the otherwitnesses including PW-3, another injured witness, attributedany role to him - In the circumstances, appellant no.2deserves acquittal - As far as appellant no.3 is concerned,in addition to his name being mentioned in the FIR as onewho was slitting the throats, he was identified by PW-2 injuredwitness in Court - Appellant no. 3 was attributed the role ofslitting the throats by PW-2 in his oral deposition - Thoughother witnesses did not attribute any specific role to him, hewas identified by them as a participant in the crime - As faras appellant no. 1 is concerned, PW-2 stated in oral evidencethat he. was slitting the throats, and he identified him in thecourt as well, though no other witness attributed any particularrole to him - PW2 being an injured witness, his testimonycannot be ignored - He attributed a specific role to appellantsnos.1 and 3 - Conviction of these two accused us.302 /PCand other charges accordingly upheld - However, the incidentoccurred in 1992 and the charges were framed in 2004 andmore than nine years passed thereafter also, and theappellants have been facing the trauma of the crime and the trial all this period - Besides, the manner in which the investigation proceeded far from satisfactory - Possibility that due to their poverty and caste conflict the accused were drawnin the melee and participated in the crime - Taking intoaccount the circumstances, death sentence awarded toappellant nos. 1 and 3 commuted to life imprisonment, whichis to mean the rest of their natural life - Penal Code, 1860 -ss.302 rlw 149, 364 rlw 149, 307 rlw 149, s.436 rlw 149 ands.435 rlw 149. Penal Code, 1860 - s. 149 - Common intention -Punishment prescribed by s. 149 - Nature of - Held: It is in asense vicarious, and does not always proceed on the basisthat the offence has been actually committed by everymember of the unlawful assembly - At the same time if aperson is a mere bystander, and no specific role is attributedto him, he may not come under the wide sweep of s. 149. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2013 INSC 643 |
Petitioner | Vyas Ram @ Vyas Kahar & Ors. |
Respondent | State Of Bihar |
SCR | [2013] 11 S.C.R. 212 |
Judgement Date | 2013-09-20 |
Case Number | 791 |
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