Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 148 147 323 rlw s.149 - Conviction under - Unlawful assembly and murder - Common object of killing Penal Code I860: "s.302 rlw s.I49 s.143 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: "s.302 rlw s.149, .s.143, 147, 148, 323 rlw s.149 - Conviction under - Unlawful assembly and murder - Common object of killing - Prosecution case was that on the fateful day, hot altercation took place over money between accused no. I-food stall owner and the deceased and other prosecution witnesses - Accused no. I abused PW-I and took out knife - However, PW-3 intervened and separated PW-I and other prosecution witnesses and accused no.I - Thereafter, complainant party travelled to another village where they narrated the incident to PW-5 - Thereafter, while PW-5 had gone to fill petrol, accused persons came to the place where PW-I and other prosecution witnesses were waiting for PW-5 - Accused no. I, 2 and 3 caused knife injuries to the victim-deceased while other accused persons started beating the complainant and other prosecution witnesses with sticks - Complainant and PW-2 and PW-3 fled to save themselves and narrated the incident to PW-14 where after they came to the spot and took victim-deceased to hospital where he died - Trial court found the accused persons guilty - High Court confirmed conviction - On appeal, held: The nature of the injury, the vital part of the body on which the same was inflicted and the weapon used by accused no.I, and the medical evidence showed that the said injury was sufficient in the ordinary course to cause death - The offence of murder was proved beyond reasonable doubt against the accused - Interference -with the conviction not called for s.300, Exception 4 - Invocation of-Accused no. I had arrived at the scene of occurrence with nine armed men out of which three were equipped with knives and the rest with sticks - Sufficient time had elapsed between the initial altercation at the restaurant of accused no. I and the subsequent arrival of the accused persons at the spot of the crime - It was also established from the evidence that accused no.I had inflicted knife injury of such a nature, upon the unarmed deceased, that was sufficient in the ordinary course of nature to cause death - Hence, benefit of Exception 4 of s.300 cannot be granted to accused no. I in the present case s. I 49 - Invocation of- Overt act - Held: For invoking s.149, the liability of other members of the unlawful assembly for the offence committed during the continuance of the occurrence, rests upon the fact whether the other members knew before hand that the offence actually committed was likely to be committed in prosecution of the common object. Criminal law: Motive - Conviction in the absence of proof of motive - Held: In case there is direct trustworthy evidence of witnesses as to commission of an offence, the motive part loses its significance - Therefore, if the genesis of the motive of the occurrence is not proved, the ocular testimony of the witnesses as to the occurrence cannot be discarded only on the ground of absence of motive, if otherwise the evidence is worthy of reliance. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2016 INSC 939 |
Petitioner | Saddik @ Lalo Gulam Hussein Shaikh & Ors. |
Respondent | State Of Gujarat |
SCR | [2016] 5 S.C.R. 421 |
Judgement Date | 2016-10-03 |
Case Number | 1999-2000 |
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