Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 223 CODE OF CRIMINAL PROCEDURE 1973: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973:s. 223 - Persons accused of offences committed in the course of same transaction -In an incident of death of one person caused by members of accused group, FIR lodged for offences punishable inter alia, u/ss. 302 and 324 read with s. 149 !PC -The following day on the statement of one of the accused, another FIR lodged against members of complainant party for offences punishable, inter alia, u/s. 3071 149 IPC -Prosecution of accused of the first FIR -Conviction by trial court -Affirmed by High Court -Held : For several offences to be part of the same transaction, the test which has to be applied is whether they are so related to one another in point of purpose or of cause and effect, or as principal and subsidiary, so as to result in one continuous action -Thus , where there is a commonality of purpose or design, where there is a continuity of action, then all those persons involved can be accused of the same or different offences "committed in the course of the same transaction"-Penal Code, 1860 -s. 302 and 24 read with s. 149. PENAL CODE, 1860 : ss. 302 and 324 read with s. 149 -FIR against 11 persons for causing death of one of the members of complainant party and causing injuries to others - On the following day cross- FIR registered against complainant party -Conviction by trial court of accused -Upheld by High Court -Held: The statements of prosecution witnesses u/s. 164 CrPC and their evidence before the court clearly show their improvements with due deliberation and consultation; and in the absence of credible explanation, . conviction based on their testimony cannot be sustained - The prosecution has not presented true version on most of the material parts and, therefore, the evidence of the witnesses and material placed on their side does not inspire confidence and cannot be accepted on its face value - The place of occurrence has been shifted by informant and the Investigating Officer has admitted not making any site plan of the place of occurrence - The injuries on the accused, particularly, fire arm injury on A-1 has not been explained by the prosecution despite the fact that members of the informant party were charge-sheeted for causing injuries to four accused - The findings of the High Court and ultimate conclusion dismissing the appeals are perverse and resulted in failure of justice - Under the circumstances, the judgements of the High Court and the trial court are set aside - Accused acquitted. s. 149 - Member of unlawful assembly guilty of offence committed in prosecution of common object - Held: s. 149 creates a specific offence and deals with punishment of that offence - Whenever the court convicts any person or persons of an offence with the aid of s. 149, a clear finding regarding the common object of the assembly must be given and the evidence discussed must show not only the nature of the common object but also that the object was unlawful - In the absence of such finding as a/so any overt act on the part of the accused persons, mere fact that they were armed would not be sufficient to prove common object - In the instant case, there is no material to show that all the accused shared in common object, the object itself not being proved and their participation in it is not made out· by credible evidence - Without a clear finding regarding common object and participation therein by each one of the accused members, there can be no conviction with the aid of s. 149. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 286 |
Petitioner | Kuldip Yadav & Ors. |
Respondent | State Of Bihar |
SCR | [2011] 5 S.C.R. 186 |
Judgement Date | 2011-04-11 |
Case Number | 531 |
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