Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.148 302 325 r/w. s.149 and s.449 IPC 307 Murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.148, 302, 307, 325 r/w. s.149 and s.449 – Murder – Complainant case was that seven persons (all accused) entered the under-construction house of the victim deceased armed with deadly weapons and attacked the victim – All the accused hit the victim indiscriminately with their respective weapons – Consequent to which victim died – PW-7,8 also received injuries – FIR was registered – Trial Court convicted all the six accused persons u/ss. 148, 302, 307, 325 r/w. 149 IPC and s.449 IPC – One accused person (A-1) died during the Trial – High Court dismissed the appeals – Against the order of the High Court, A-2 and A-7 did not prefer appeal, however, A-3, A-4, A-5 and A-6 preferred appeals before the Supreme Court – A-4 and A-6 contended that since no charges were framed u/s. 141 IPC, the unlawful assembly did not exist and therefore, s.149 IPC could not have been invoked – A-5, inter alia, made a plea of mistaken identity – Held: It has nowhere been said in the judicial pronouncements that s.141 IPC should be specifically invoked or else consequences would be fatal – As long as the necessary ingredients of an unlawful assembly are set out and proved, as enunciated in s. 141 IPC, it would suffice – The actions of an unlawful assembly and the punishments thereafter are set out in the subsequent provisions, after s.141 IPC, and as long as those ingredients are met, s. 149 IPC can be invoked – In the instant case, the A-1 (since deceased) not only inflicted a blow with a bahi, but also raised a lalkar that the deceased should be killed – All other accused also inflicted blows on the deceased – The common object was, thus, writ large on its face – Both the Courts below have found that version given by PW-7 and 8 evoked confidence, who were themselves injured in the incident – Insofar A-5 is concerned, PW-8 had identified him and all the other accused – Further, A-3, A-4, A-5 were arrested on the same day and recovery of weapons was also made due to disclosure statement of A-5 – Thus, plea of mistaken identity cannot be accepted – All four appeals by the accused dismissed. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2019 INSC 865 |
Petitioner | Dev Karan @ Lambu |
Respondent | State Of Haryana |
SCR | [2019] 11 S.C.R. 40 |
Judgement Date | 2019-08-06 |
Case Number | 299 |
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