Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | co accused acquitted 149 34 s. 302 IPC altered conviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s. 302/149 or s. 302/34 – Conviction under – Trial Court convicted 11 accused persons u/ss. 148, 302/149, 323/149 and 506/149 IPC – However, High Court acquitted 8 accused persons u/s. 302/149 IPC and upheld the conviction inrespect of 3 accused persons u/ss.302/34 IPC – The 3 accused persons filed appeal in Supreme Court – During the pendency of appeal, one appellant No.1-accused expired – Held: Once 8 co-accused were acquitted by the High Court u/s. 302/149 IPC and their acquittal had attained finality, the charge u/s. 149 IPC collapsed against the three appellant-accused – Also, there could be no unlawful assembly consisting of less than five accused persons– Therefore, appellants could not be charged u/s. 149 IPC for want of numbers – Insofar as s.34 IPC is concerned, in absence of any evidence of common intention qua the three appellants so as to bring their case u/s. 34 IPC and the High Court having failed to given any reasons in support of altered conviction, their conviction u/s. 302/34 IPC not legally sustainable.Penal Code, 1860 – Alteration of conviction from offence u/s. 302/34 IPC to s. 324 IPC – Held: Out of the 11 accused persons convicted u/s.148, 302/149, 323/49, 8 persons were completely let of and their acquittal had attained finality – Further, at the appellate stage no evidence was relied on by the prosecution to sustain the charge of s.34 IPC qua the 3 accused persons independent of 8 acquitted co-accused – Out of two main accused assailants, one(appellant no.1) has died and other was acquitted – There was no reasoning given by the High Court for sustaining the conviction of the 3 appellants-accused in support of alteration of the charge to s.302/34 IPC in place of s.302/149 IPC – Also, as per post-mortem report, both the assault made by the appellant nos. 2 and 3 caused simple injury to the victim – In light of these circumstances, the two appellants entitled to claim benefit and seek alternation of their conviction for commission of the offence punishable u/s. 324 IPC than to suffer conviction u/s. 302/34 IPC – Thus, appellant nos.2 and 3 convicted u/s. 324 IPC on basis of their individual participation in the commission of the crime. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 180 |
Petitioner | Mala Singh & Ors. |
Respondent | State Of Haryana |
SCR | [2019] 3 S.C.R. 932 |
Judgement Date | 2019-02-12 |
Case Number | 1144 |
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