Case Note & Summary
The Supreme Court examined the appeal against conviction where the appellant was originally convicted under Section 302 read with Section 149 IPC for the murder of Ram Singh -- The High Court had modified the conviction to Section 304 Part II IPC -- The Supreme Court found that the prosecution evidence was inconsistent, with witnesses giving contradictory accounts about the weapons used and the sequence of events -- The medical evidence showed multiple injuries but did not specifically attribute the fatal injury to the appellant's blow -- The Court held that the common object under Section 149 IPC was not proved as there was no evidence of shared intention among the accused persons -- The appellant's conviction u/s 304-II of IPC maintained However sentence reduced to already undergone looking to the old age of the appellant-
Headnote
Criminal Law-- Indian Penal Code, 1860-- Sections 302, 147, 149, 323 and 304-II-- Conviction u/s 302, 149, 323, 147 and 324 of IPC recorded by Session court-- Appeal before High court-- High court altered conviction of appellant from section 302 of IPC to 304-Part-II of IPC-- Dissatisfaction-- Challenged before Supreme court-- Dispute-- Assault-- Medical evidence-- Intention to kill-- "Murder"-- Exception to Section 300 when culpable homicide is not murder-- Distinction between two parts of Section 304 of IPC discussed-- Case of Kesar Singh (Supra) referred-- Common object-- Free fight between two rival parties-- Appellant was armed with lathi in unlawful assembly and caused injuries on the head of victim-- Appellant also suffered grievous injuries on the head in free fight-- Degree of offence-- Justification in conviction u/s 304-II of IPC-- Offence committed by the appellant in the midst of commission and group clash-- No premeditation act-- No illegality in the judgment of high court-- Appellant was aged more than 80 years-- Lenient view taken-- Appellant already undergone incarceration for the period more than 5 years and 7 months-- Sentence reduced to already undergone-- Appeal dismissed with modification in sentence Para-- 5.1, 5.1.1, 5.1.3, 5.1.4, 5.2, 5.3, 5.4, 5.5, 6.1
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Issue of Consideration: The Issue of consideration was whether the prosecution proved the common object under Section 149 IPC and whether the appellant's conviction under Section 304 Part II IPC was sustainable based on the evidence
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Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence imposed by the High Court, and acquitted the appellant of all charges
