Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860- ss. 302 rlw s.149 and s.148- Murder - Unlawful· assembly -Common object |
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- ss. 302 r/by the prosecution - Conviction of appellants accordingly affirmed.w s.149 and s.148- Murder - Unlawful· assembly -Common object - Allegation that appellants inflicted injuries on deceased with lathis and butt of gun whereafter appellant no. 1 came on a tractor and ran over the deceased· '-.'Conviction of appellants - Challenged on grounds that there was delay in lodging of FIR; that there was no evidence that appellant no. 1 ran over the tractor over the deceased; and that eye witnesses did not ascribe specific overt act to each of the accused - Held: On facts, from the sequence of the events which include consumption of time in carrying the injured to the hospital, treatment availed of by the deceased, information given by the concerned authority of the primary health centre and arrival of police and also taking note of the distance, i.e., 24 kilometers from the place of occurrence, it cannot be said that there was any delay in lodging of the FIR - That apart, mere delay in lodging FIR cannot by itself be regarded as fatal to the prosecution case - It came out in the evidence that all accused persons carried lathis and most injuries were caused due to lathi blows and some by the tractor - Ocular testimony corroborated by medical evidence in this regard - Accused persons came together armed with lathis and a gun - Eye witnesses were natural witnesses, being brothers, and deposed in unequivocal manner about the assault by all the accused · persons - Common object clearly evident - In such a situation, attribution of specific individual overt act has no role to play - All requisite tests to attract s. 149 IPC establishedPenal Code, 1860 - s. 149 - Common object of unlawful assembly - Manner of inference - Held: It can be gathered from the nature of the assembly, the weapons used by its 8 members and the behavior of the assembly at or before the scene of occurrence - Core of the offence is the word "object" which means the purpose or design and in order to make it common, it should be shared by all - Number and nature of injuries is a relevant fact to deduce that the common object C developed at the time of incident.FIR - Delay in lodging - Effect of - Held: Mere delay in lodging FIR cannot by itself be regarded as fatal to the prosecution case - The Court has a duty to take notice of the delay and examine the same in the backdrop of factual $Core, whether there has been any acceptable explanation offered by the prosecution and whether the same deserves acceptance being satisfactory, but when delay is satisfactorily explained, no adverse inference is to be drawn. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 278 |
Petitioner | Om Prakash |
Respondent | State Of Haryana |
SCR | [2014] 7 S.C.R. 305 |
Judgement Date | 2014-04-16 |
Case Number | 1102 |
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