Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - s.302 r/w s.149 and s.307 - Murder and attempt to murder - Unlawful assembly- Common object |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - s.302 r/w s.149 and s.307 - Murder and attempt to murder - Unlawful assembly- Common object- Vicarious liability- Allegation that a day after an altercation, at the time of marriage of PW-7's brother, and assault on A- 5, the accused persons slapped and fisted PW-6, the brother- in-law of the bride of PW- l's brother and when PW-l's brother resisted such action, the accused persons indiscriminately fired at PW-7 and his brother causing grievous injuries to the former and death of the latter - Conviction by Courts below of the six accused persons - Further appeal of A-3 dismissed by Supreme Court - Appeals by the other five accused -Held: There was a definite background to the attack - The accused persons had carried a grudge and seeing PW-6, they slapped and fisted him and when PW- l's brother resisted the same he was done to death - Presence of the 5 eye- witnesses was most natural - All of them unanimously stated that A-1 had ordered to bring the guns; that A-4 fired 3-4 rounds with his gun and caused injury to PW-7, and that A-5 and A-6 fired with pistols in their hand -Therefore, at least insofar as these persons are concerned, their presence and their active participation made them guilty under s.149 IPC, though the author of the injury to the deceased was A-3 whose appeal has already been dismissed - However, that cannot be said about A-2 - The evidence of the eye-witnesses that he was instigating the other accused persons to fire, appears to be an exaggeration - He would not have kept on standing holding a lathi had he shared the intention and the common object of committing murder of the deceased - Therefore,benefit of doubt granted to A-2 and he is acquitted - Arms Act- s.27. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2011 INSC 153 |
Petitioner | Amerika Rai & Ors. |
Respondent | State Of Bihar |
SCR | [2011] 3 S.C.R. 176 |
Judgement Date | 2011-02-23 |
Case Number | 1516-1517 |
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