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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 149 – Unlawful Assembly – In the instant case, Accused Nos. 1 and 2 are real brothers of the victim-deceased – Land dispute arose between accused persons and deceased – On the fateful day, deceased got to know that accused nos. 1 and 2 were getting the paddy crops sown by deceased – When deceased asked them to stop, appellant along with eight others assaulted him in which he lost his life – Trial Court convicted all the accused persons including appellant u/ss. 302/149, IPC – High Court confirmed conviction and sentence though seven of accused persons died during its pendency, qua them appeal was dismissed – On appeal, held: When the presence of the accused at the place of occurrence as part of the unlawful assembly was not disputed it will be sufficient to hold him guilty even if no overt act was attributed to him on the principle of vicarious liability – As regards the question of effect and impact of reduction of the number of convicts pending an appeal owing to the death of co-convicts, s. 394(1) CrPC provides that every appeal, except an appeal against the sentence of fine, would abate on the death of appellant as the sentence under appeal could no longer be executed – Abatement is different from acquittal – Mere fact that seven out of the ten convicts died, either during the pendency of appeal before the High Court or Supreme Court, could not be a reason to the non applicability of the provision for constructive/vicarious liability – With respect to the contention of appellant that conviction u/s. 302/149 is liable to be altered as one u/s. 304/149, it is evident that appellant was not charged with offence punishable u/s. 302 IPC simpliciter rather convicted u/s. 302/149 IPC – As the membership of the appellant is proved, the appellant cannot escape from the vicarious liability for the act committed by any one of the members of assemblage, if the common object of was to commit murder – Members of the unlawful assembly were carrying firearms and used them against the deceased – When someone who sustained gunshot injuries and profusely bleeding was attacked and the persons who attempted to come to his rescue were also attacked, the only inference that can be drawn from such circumstances is that the common object was to do away with the life of that person – Hence, the contention of appellant of altering the conviction is unsustainable – Code of Criminal Procedure, 1973 – s. 394. |
Judge | Hon'ble Mr. Justice C.T. Ravikumar |
Neutral Citation | 2022 INSC 1097 |
Petitioner | Gurmail Singh & Anr |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2022] 13 S.C.R. 1011 |
Judgement Date | 2022-10-17 |
Case Number | 965 |
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