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 Disposed Off |
Headnote | Issue for consideration:Whether the courts below were justified in convicting and sentencingthe appellants for the offences punishable u/s. 302/149, s.326/149,s.324/149, s.323/149, s.147 and s.148 IPC.Penal Code, 1860 – ss. 304 Part II, 302/149, 326/149, 324/149,323/149, 147 and 148 – Murder – Unlawful assembly – Accusedpersons formed an unlawful assembly when the buffalo of thecomplainant party spoiled the taparia built by the accused,and thereafter grieviously assaulted the complainant and hismembers with deadly weapons, killing one of them – Convictionand sentence of the appellants for the offences punishableu/s. 302/149, 326/149, 324/149, 323/149, 147 and 148 by thecourts below – Tenability of:Held: Inconsistencies in the evidence of two prosecuting witnessbeing rustic villagers not fatal – Their evidence that the appellantswere members of the unlawful assembly, though no specific roleattributed to them of assaulting the deceased – It is not necessarythat such a person, for being convicted, must have actuallyassaulted the deceased – Trial court’s observation that no fatalweapons were used by the complainant party in assaulting theaccused persons, whereas accused used fatal weapons, notcorrect since injuries sustained by one of the accused was by asharp weapon – Furthermore, witnesses are interested witnesses –Non-explanation of injuries on the persons of the accused createsa doubt, on the prosecution case – Moreso, cross case wasregistered against the complainant party – Defence by accusedthat the complainant party started assaulting them resulting into afree fight in which the persons from both the sides received injuriesand one person of complainant’s side died – Entire incident aroseon account of the happening on the previous day-buffalo spoilingthe taparia built by accused – No clarity as to whether the commonobject of the unlawful assembly was to cause the death of thedeceased – Prosecution failed to prove beyond reasonable doubtthat the unlawful assembly had an intention to cause the deathof deceased – Appellants entitled to benefit of doubt – Thus, theconviction u/s. 302 not sustainable and altered to one under s.304 Part-II – Appellants sentenced to rigorous imprisonment for7 years. [Paras 15, 19, 20, 23-27]Penal Code, 1860 – s. 149 – Unlawful assembly – Scope andambit of s. 149 :Held: Every person constituting an unlawful assembly need notplay an active role for convicting him with the aid of s. 149 –Prosecution has to establish that a person has to be one of thepersons constituting the assembly and that he had entertained thecommon object along with the other members of the assembly, asdefined u/s. 141 – Whoever being aware of facts which render anyassembly an unlawful assembly, intentionally joins that assembly,or continues in it, is said to be a member of unlawful assembly.[Para 14] |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 973 |
Petitioner | Parshuram |
Respondent | State Of M.p. |
SCR | [2023] 14 S.C.R. 186 |
Judgement Date | 2023-11-03 |
Case Number | 524 |
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