NDLI: Ramesh Alias Dapinder Singh Vs. State of Himachal Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.302, 323 and 324 r/w 34 – Murder consequent to armed assault – Common intention – Vicarious liability – Three accused – ‘S’ and ‘N’, maternal uncles of PW1 (informant), were the principal accused – Accused-appellant was their driver – ‘N’ allegedly nursed ill-will against PW1 – PW1 had visited residence of his maternal grandmother alongwith his friends – ‘S’ and ‘N’, who were present there, abused PW1 and his friends leading to a quarrel and scuffle – PW1 and his friends hurriedly left the spot but stopped near a school – ‘S’ and ‘N’ accompanied by appellant, came there on a motorcycle and started assaulting PW1 and his friends – ‘S’ had a danda and ‘N’ had a sickle (darat) – PW1 and one of his friends received injuries and ran away – The other friend died – Trial court convicted all the three accused – Conviction affirmed by High Court – Whether appellant could be said to be guilty with the aid of s.34 IPC – Held: Ocular testimony in support of the prosecution was only by way of the testimony of PW1 – PW1 did not attribute any specific overt act to the appellant insofar assault on the deceased was concerned; nor was the appellant stated to be armed with any weapon – It was not even the case that the appellant had exhorted or had facilitated, in any manner, the assault on the deceased – The only attribution to the appellant was regarding common or collective act where “three persons got down from the motorcycle and started assaulting with Danda and fist blows” – Appellant was also not attributed presence and participation in the quarrel or scuffle between PW1, and ‘S’ and ‘N’ – No certainty that the appellant shared the common intention with ‘S’ and ‘N’ to commit the murder of the deceased or that the appellant had done something ‘in furtherance’ of the common intention of all – Benefit of doubt granted to appellant and he is absolved of the liability u/s.34 IPC insofar as the charges u/ss. 302 and 324 IPC are concerned – He is, however, found guilty of the offence punishable u/s.323 r/w s.34
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2021 INSC 198
Petitioner	Ramesh Alias Dapinder Singh
Respondent	State Of Himachal Pradesh
SCR	[2021] 2 S.C.R. 896
Judgement Date	2021-03-22
Case Number	347

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