Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 149 and 141 - Width and amplitude of - Unlawful assembly .:_ When - Accused persons attacked the appellant- complainant after A-1 was rebuked by appellant on damaging the electric pole near appellant :S house - Death of appellants brother - Trial court convicted all the accused uls. 302 r/w ss.149 and 324, s.325 r/w ss.149/34 - High Court acquitted accused for offence u!s.302 rlw s.149 holding that the accused did not form an unll1l1ful assembly - On appeal, held: Armed with weapons like axe, iron pipes and spear, the accused proceeded to attack the appellant - After reaching the ~pot of the incident, they attacked the appellant and caused injuries to others who came to his rescue - Common object to commit an offence can be inferred from the weapons used and the violent manner of the attack - Thus, it is clear that accused formed an unlawful assembly. s. 302 r/w s.149 - Unlawful assembly when cannot be attributed with common object of murder - Held: Common object to commit a murder cannot be inferred only 011 the basis that the weapons carried by the accused were dangerous - Though, the accused persons formed an unlawful assembly but the background in which the attack was made does not show that there was a common object of a murder amongst the accused - A-1 was infuriated on being questioned by the appellant regarding the damage to the electric pole near his house and along with the other accused intended to teach a lesson to the appellant - Nothing on record to suggest any previous enmity between the parties - Thus, no knowledge about the likelihood of w1 offence of murder being committed can be attributed lo the members of the unlawful assembly - Therefore, accused cannot be convicted under s.302 with the aid of s.149 IPC - However, the common object of the unlawful assembly to attack the appellant and others is proved - Considering the manner of the attack and deadly weapons used, accused held guilty of offence uls. 326 r/w 149 1PC - However, on facts sentence limited to the period undergone. A ss.302 and 326 r!w s.149 -'Accused persons formed unlawful as.,embly -' Murder committed by one member, others convicted for offence uls.326rlw149-Propriety Of- Held: Even if it is established that offence u/s. 302 was committed by one member of an unlawful assembly, finding of commission of offence u/s. 326 r!w s.149 can be recorded against other members of the assembly. " s.302 r/w s.149 - Conviction under, of accused persons, set . aside by High Court inter alia holding that there was a cross case by the accused against complainant - Held: s.149 IPC does not become inapplicable in all situations where there is a cross case by the accused - High Court ought to have taken note of the acquittal of the complainant and others in the said cross case - Recording a finding of acquittal without re-appreciation of evidence by the High Court resulted in flagrant miscarriage of justice. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2017 INSC 91 |
Petitioner | Najabhai Desurbhai Wagh |
Respondent | Valerabhai Deganbhai Vagh & Ors. |
SCR | [2017] 2 S.C.R. 764 |
Judgement Date | 2017-02-01 |
Case Number | 2339 |
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