Case Note & Summary
The case involved an appeal against the conviction of six accused persons for the murder of Abdul Jakir Faruki. The appellants, all from the same family, were convicted by the Trial Court under Section 302 read with Section 149 of the Indian Penal Code for forming an unlawful assembly with the intent to murder the deceased on 08.02.1997. The High Court upheld this conviction, leading to the present appeal. The Supreme Court examined the evidence presented by eye-witnesses and the medical report, concluding that the death was indeed homicidal and that the appellants had formed an unlawful assembly with the intent to kill. However, the court found doubts regarding the involvement of A5 and A6, as their presence at the scene during the assault was not corroborated by the evidence. The court noted that while A1 to A4 were armed and actively participated in the assault, A5 and A6's roles were limited to instigation after the fact. Consequently, the court modified the conviction of A1 to A4 to Section 302 read with Section 34 of the IPC, affirming their guilt while discharging A5 and A6. The court ordered A1 to A4 to surrender to serve their sentences, while A5 and A6 were released from their bail bonds.
Headnote
A) Criminal Law - Homicide - Conviction under Section 302 IPC - The court modified the conviction of A1 to A4 from Section 302 read with Section 149 to Section 302 read with Section 34 IPC due to doubts regarding the presence of A5 and A6 during the commission of the offence. The evidence indicated that A1 to A4 had the common intention to cause death, justifying the modified conviction. Held that the conviction was sustained for A1 to A4 under the modified charge (Paras 13-14).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 149 of the IPC should be upheld or modified.
Final Decision
The Supreme Court modified the conviction of A1 to A4 from Section 302 read with Section 149 IPC to Section 302 read with Section 34 IPC, sustaining their conviction and sentence while discharging A5 and A6.
Law Points
- Unlawful assembly
- Common intention
- Homicide
- Conviction modification
- Eye-witness reliability
