The Supreme Court dismissed an appeal against the conviction of Nitya Nand under Sections 148 and 302/149 of the Indian Penal Code (IPC) for his involvement in the murder of Satya Narain in 1992. The appellant was accused of being part of an unlawful assembly that assaulted and killed Satya Narain due to property disputes. The Court upheld the findings of the trial court and the Allahabad High Court, confirming that the appellant, though not directly inflicting injuries, fired a country-made pistol to aid the escape of other accused after the murder. The conviction was upheld under the doctrine of constructive or vicarious liability, as per Section 149 IPC.

1. Incident and FIR:

• The incident took place on 8th September 1992, where Satya Narain was assaulted and killed by Nitya Nand and others due to long-standing property disputes. Sarwan Kumar, the son of the deceased, filed the FIR.
• Weapons used: knives, kanta (sharp-edged weapon), and a country-made pistol.

2. Charges and Convictions:

• Accused, including Nitya Nand, were charged under Sections 148 (rioting with deadly weapon) and 302/149 (murder with unlawful assembly) IPC.
• The Sessions Court convicted all accused, which was upheld by the High Court and later confirmed by the Supreme Court.

3. Defense Arguments:

• The defense argued that there were no injuries caused by a firearm, and no recovery of the pistol or cartridges was made, questioning the appellant’s role.
• Omission of key witnesses like Laxmi Narain, who was killed later, and Kuldeep Kumar, who scribed the FIR, was raised as a point of doubt.

4. Prosecution's Case:

• Prosecution highlighted the appellant's involvement in the unlawful assembly, his role in firing the pistol to prevent rescuers from helping, and the corroborative testimony of eyewitnesses (PW-1 and PW-2).
• Post-mortem findings confirmed multiple injuries caused by sharp-edged weapons, aligning with the prosecution's case.

Acts and Sections Discussed:

1. Section 148 IPC: Deals with rioting, being armed with a deadly weapon.
2. Section 302 IPC: Penalizes murder.
3. Section 149 IPC: Provides for vicarious liability when an offence is committed by a member of an unlawful assembly in prosecution of the common object.

Ratio Decidendi:

The Court applied Section 149 IPC, confirming that being part of an unlawful assembly with the common object of committing murder is sufficient for conviction, irrespective of individual roles in causing injuries. The appellant's act of firing in the air to facilitate the escape of the other accused indicated his involvement in furthering the common object of murder.