Case Note & Summary
The appeal was filed against the judgment of the High Court which partly allowed the appeal against the Sessions Court's conviction of the appellants under Sections 302, 149, and 148 of the Indian Penal Code, 1860 (IPC). The incident occurred on 7.9.1990, when Tej Bahadur was shot dead while riding a motorcycle, accompanied by his friend Ashok and followed by his brothers. The appellants, armed with country-made pistols, emerged from a sugarcane field and shot the deceased. The FIR was lodged shortly after the incident, and the investigation led to the conviction of seven accused, three of whom were later acquitted by the High Court. The appellants contended that their conviction was erroneous due to the acquittal of three co-accused, arguing that Section 149 IPC could not apply as the number of accused was less than five. They also highlighted the non-examination of Ashok, the pillion rider, and questioned the credibility of the eyewitnesses, who were related to the deceased. The State argued that the testimony of related witnesses should not be dismissed and that the appellants could still be convicted under Section 34 IPC. The court analyzed the evidence, including medical reports and eyewitness accounts, and found no inconsistencies. It concluded that the acquittal of some accused did not preclude conviction under Section 302 r/w Section 34 IPC, as the evidence indicated a common intention to commit the crime. The appeal was ultimately dismissed, affirming the conviction of the appellants.
Headnote
A) Criminal Law - Murder and Conspiracy - Conviction under Sections 302, 149, and 148 IPC - Acquittal of co-accused - The court held that the conviction under Sections 149 and 148 IPC could not be sustained as the number of accused was less than five after acquittal. However, the court found sufficient evidence to convict under Section 302 r/w Section 34 IPC based on the common intention of the accused. (Paras 15-19).
Issue of Consideration
Whether the appellants could be convicted under Sections 302, 149, and 148 IPC after the acquittal of three co-accused.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction of the appellants under Section 302 r/w Section 34 IPC, finding sufficient evidence of common intention despite the acquittal of three co-accused.
Law Points
- Sections 302
- 149
- 148 IPC
- Section 34 IPC
- evidentiary standards
- witness credibility
- common intention
