Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860:s. 302 r/w s. 149 - Murder - Common object - Unlawful assembly armed with deadly weapons - Six accused - A-1 inflicted three cut injuries on head of victim-deceased with a chopper - A-5 and A-6 acquitted - Other four accused (A-1 to A-4) convicted - They filed appeals before Supreme Court- Appeal as regards A-1 dismissed as not pressed - Whether prosecution established the conviction of A-2 to A-4 under s.302 r/w s.149 - Held, No - All the eye-witnesses identified and attributed only A-1 for commission of offence and made no reference to the role of the other accused - Even the Investigation Officer did not mention anything about the role of the other accused except A-1 - Inasmuch as s. 149 creates a specific offence and deals with punishment of that offence, in order to convict a person or persons with the aid of s. 149, a clear finding regarding common object of the assembly must be available and the evidence discussed must show not only the nature of the common object but also that the object was unlawful - In the case on hand, these ingredients were not fulfilled or established by the prosecution insofar as the accused other than A-1 - Mere fact that they were armed not sufficient to prove common object - Even the Doctor opined that the injury sustained on the head of victim-deceased was sufficient to cause death in the ordinary course of nature - The Head injury was caused by A-1 which is also clear from the evidence of the PWs - In view of the same, the trial Court and the High Court erred in convicting A-2 to A-4 under s.302 with the aid of s. 149 - Their conviction and sentence set aside s. 149 - Murder - Unlawful assembly - Six accused ..:. Two acquitted - Conviction of the other four accused with aid of s. 149 - Scope - Whether in order to bring home a charge under s. 149 it is necessary that five or more persons must necessarily be brought before the court and convicted - Held, No - Constitution Bench decision inĀ· Mohan Singh's case followed - On facts, prosecution well within its jurisdiction to establish the charge under s.149 even after acquittal of two members of the unlawful assembly, s. 149 - Applicability of - Held: In order to attract s. 149, it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly and it must be within the knowledge of other members as one likely to be committed in prosecution of the common object. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 351 |
Petitioner | Shaji And Ors. |
Respondent | State Of Kerala |
SCR | [2011] 6 S.C.R. 210 |
Judgement Date | 2011-05-03 |
Case Number | 1618 |
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