Case Note & Summary
The case involves two criminal appeals arising from a judgment of the Sessions Court convicting multiple accused for offences including murder under Section 302 read with Section 149 IPC, attempt to murder under Section 307 read with Section 149 IPC, and causing hurt under Section 324 read with Section 149 IPC, along with charges under Sections 147 and 148 IPC for rioting and unlawful assembly. The incident occurred on 20th June 2005 at about 8:00 p.m. in village Wakadi, where a group of persons allegedly assaulted the complainant and his family members, resulting in the death of one person. The prosecution examined several eyewitnesses, but their testimonies were found to be inconsistent regarding the presence and specific acts of each accused. The trial court convicted the appellants, who were accused nos. 3 to 5, 9 and 10, and sentenced them to life imprisonment. On appeal, the High Court scrutinized the evidence and noted that the witnesses gave contradictory versions about the number of assailants, the weapons used, and the overt acts attributed to each appellant. The court observed that the prosecution failed to establish the common object of the unlawful assembly and that the appellants were not named in the First Information Report (FIR) initially. The court also noted that the medical evidence did not corroborate the ocular testimony. Consequently, the High Court held that the prosecution had not proved its case beyond reasonable doubt and allowed the appeals, setting aside the conviction and acquitting the appellants.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Intention - Indian Penal Code, 1860, Sections 302, 307, 324, 147, 148, 149 - Appellants were convicted for murder and other offences based on alleged participation in an unlawful assembly - Court found material inconsistencies in the testimony of prosecution witnesses regarding the presence and overt acts of each appellant - Held that the prosecution failed to prove the common object of the unlawful assembly and the specific roles of the appellants beyond reasonable doubt, thus entitled to acquittal (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307, 324, 147, 148, 149 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
The High Court allowed the appeals, set aside the conviction and sentence, and acquitted the appellants of all charges.
Law Points
- Common intention
- Unlawful assembly
- Overt act
- Inconsistency in evidence
- Benefit of doubt
