Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prosecution under 324 and 326/149 ss. 148 Unlawful assembly Acquittal of co-accused 323 IPC 302/149 |
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, 302/149, 323, 324 and 326/149 – Prosecution under – Of seven accused (including appellant-accused ‘M’ and appellant-accused ‘S’) – Initially charges were not framed by police against appellant-accused ‘M’ and two accused ‘P’ and ‘N’ – After application u/s. 319 Cr.P.C. charges were framed against them – An application u/s. 321 Cr.P.C. to withdraw the case against them was declined by the Court – Trial Court relying on the testimony of injured eye-witnesses PWs 5 and 6; medical evidence and rejecting the defence plea of alibi and false implication convicted all the seven accused – Appeal to High court – During pendency of the appeal, the Governor granted pardon u/Art. 161 of the Constitution to the appellant-accused ‘M’ and two accused ‘P’ and ‘N’ – Grant of pardon also challenged – High Court granted benefit of doubt to two accused ‘P’ and ‘N’, while upholding conviction of other five accused persons – Order granting pardon was also set aside – Appeal to Supreme Court by two of the convicted accused – Held: The prosecution case is supported by two injured eye-witnesses whose testimony has been concurrently found reliable by courts below – Their testimony is consistent with the version in FIR and is further corroborated by the medical evidence – Their evidence cannot be discarded merely for the reason that no independent witness was examined – Factor of enmity, pleaded by accused alleging their false implication in the case, rather supports the prosecution case in proving motive for commission of the offence – Plea of alibi is hollow and after-thought – In the facts of the case it is proved that the accused persons acted in concert with a common object and did constitute unlawful assembly, indulging in rioting with deadly weapons and causing grievous bodily injuries to members of the complainant party – Acquittal of the two accused will not have any mitigating effect leading to acquittal of other accused. ss. 141 and 149 – Unlawful assembly – Held: Important ingredients of an unlawful assembly are number of persons forming it i.e. 5 and their common object. Criminal Law: Common Object – Determination of – Held: The course of conduct adopted by members of unlawful assembly; their behaviour and the arms carried by them are a few basic and relevant factors to determine the common object. Criminal Trial: Acquittal of co-accused – Affect of – Held: Acquittal of co-accused per se is not sufficient to result in acquittal of other accused. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2019 INSC 992 |
Petitioner | Manjit Singh |
Respondent | The State Of Punjab |
SCR | [2019] 11 S.C.R. 554 |
Judgement Date | 2019-09-03 |
Case Number | 1079 |
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