Case Note & Summary
The case involved an appeal by several accused persons convicted for murder under Section 302 read with Section 149 of the Indian Penal Code, 1860. The incident occurred on July 2, 1962, when the accused formed an unlawful assembly with the common object of rescuing their cattle, which had damaged a maize crop belonging to the deceased (B) and had been detained by villagers. In the course of attempting the rescue, the assembly assaulted the resisting villagers, causing injuries to several, including B, who later succumbed. The Trial Court convicted one member, H, under Section 302 IPC, holding he had caused the fatal spear injury, and convicted the remaining accused, the appellants, under Section 302 read with Section 149 IPC for sharing the common object. On appeal, the High Court acquitted H due to doubts about his presence in the assembly but upheld the convictions of the appellants. The appellants then approached the Supreme Court, arguing that their convictions could not stand once the alleged principal assailant was acquitted, as the prosecution case rested on H causing the death and their liability being derivative. The Supreme Court dismissed the appeal, holding that the acquittal of one member does not render the conviction of other members illegal if the evidence clearly establishes that the unlawful assembly, with the common object of committing murder, inflicted the fatal injuries and that each convicted member participated. The Court emphasised that the presence of clear evidence showing the assembly's attack on B and the appellants' membership was sufficient to sustain the conviction under Section 302/149 IPC. Accordingly, the conviction was upheld.
Headnote
A) Criminal Law - Constructive Liability - Common Object - Indian Penal Code, 1860, Sections 149, 302 - Acquittal of one member of an unlawful assembly does not per se vitiate conviction of other members if evidence shows they shared common object and participated in causing death - Held that conviction under Section 302 read with Section 149 IPC is sustainable where unlawful assembly's common object was to commit murder and members acted in prosecution thereof, even though the person who inflicted fatal injury is acquitted (Paras Not mentioned).
Issue of Consideration
Whether the acquittal of the specific accused who allegedly caused death vitiates the conviction of other members of the unlawful assembly for murder under Section 302 read with Section 149 IPC
Final Decision
The Supreme Court dismissed the appeal, upholding the conviction of the appellants under Section 302 read with Section 149 of the Indian Penal Code. The Court held that the acquittal of accused H did not render the conviction of the other members of the unlawful assembly illegal, as there was clear evidence of the assembly's common object to commit murder and the participation of the appellants in causing the death of B.
Law Points
- Conviction under Section 302 read with Section 149 Indian Penal Code not vitiated by acquittal of principal assailant
- Common object of unlawful assembly determines vicarious liability
- Participation in unlawful assembly suffices for constructive liability
