Case Note & Summary
The case involves an appeal against conviction under Sections 302, 307, 323, 324, 504, 506 read with 149 IPC. The prosecution alleged that the appellants formed an unlawful assembly and attacked the complainant party, resulting in one death and injuries. The trial court convicted the appellants. On appeal, the High Court examined the evidence and found it inconsistent and unreliable. The witnesses gave contradictory statements, and the medical evidence did not corroborate the prosecution's version. The court held that the prosecution failed to prove the common object of the unlawful assembly and that the appellants were entitled to the benefit of doubt. The conviction was set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Intention - Sections 302, 149, 307, 323, 324, 504, 506 Indian Penal Code, 1860 - Conviction set aside due to inconsistent evidence and failure to prove common intention - The prosecution failed to establish that the appellants were members of an unlawful assembly with a common object to commit murder. The evidence of witnesses was contradictory and unreliable, and the medical evidence did not support the prosecution's case. Held that the appellants are entitled to benefit of doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307, 323, 324, 504, 506 read with 149 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellants acquitted.
Law Points
- Common intention
- Unlawful assembly
- Section 149 IPC
- Section 302 IPC
- Inconsistent evidence
- Benefit of doubt
