Case Note & Summary
The Supreme Court heard criminal appeals filed by four accused persons convicted for the murder of Balkishan and sentenced to life imprisonment under Sections 148 and 302/149 IPC -- The prosecution case alleged that on 03.06.2000, six accused persons armed with firearms attacked the deceased at Tihuli bus stand, chased him to Rattan Lal's house, and shot him dead -- The trial court convicted the appellants and the High Court upheld the conviction -- The Supreme Court examined the evidence and found that the prosecution witnesses were closely related to the deceased and their testimonies contained credibility -- The prosecution succeed to establish that the appellants shared common object with the main accused Vikram -- The Court found that the evidence prove the appellants' participation in the unlawful assembly beyond reasonable doubt -- Consequently, the Court dismissed the appeals, confirmed the conviction of the appellants
Headnote
Criminal Law-- Indian Penal Code, 1860 -- Sections 148, 149 and 302 -- Shot arm fire with gun-- Deceased run from the spot-- Accused persons chased him and did shot arm fire from the point blank range-- Deceased died-- Murder-- Conviction by trial court u/s 148, 149 and 302 of IPC However acquitted from charges under Atrocities Act-- Appeals preferred by convicted accused before high court-- Dismissal of appeal by high court-- Aggrieved-- Challenged-- PW-2 brother of the deceased who lodged the complaint stated that there was long standing political rivalary betwen two families-- Version of PW-2 got corrboration from the versions of PW-5 and other witness-- Main accused had motive to kill the deceased-- All accused came to gether with fire arms-- Clear case of application of Section 149 of IPC-- Unlawful assembly had a common motive-- Section 149 of IPC applicable even if any one of the the member of unlawful assembly had not committed overt act-- Vicarious liability of every member U/s 149 of IPC-- Common object-- The presence of the accused persons as a part of the unlawful assembly is sufficient for conviction even if no overt act is imputed to each one of them individually-- Consistencies in the versions of PW-3, PW-5, Pw-7 and PW-9-- Prosecution witnesses supported the case of prosection-- Medical evidence-- Recovery of cartridges from the spot-- Non compliance of Section 157 of CRPC is not fatal to the case of prosecution-- Justification in conviction-- Conviction of appellants uphold-- Both appeals dismissed Para-- 11, 12, 13, 14, 18, 20
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Issue of Consideration: The Issue of Consideration was whether the prosecution proved beyond reasonable doubt that the appellants were part of an unlawful assembly with common object to commit murder, and whether the evidence on record justified their conviction under Sections 148 and 302/149 IPC
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Final Decision
The Supreme Court allowed the criminal appeals, set aside the conviction and sentence of the appellants under Sections 148 and 302/149 IPC, and acquitted them of all charges
