Case Note & Summary
The Supreme Court dismissed three criminal appeals filed by the convicted accused (Om Pal, Narendra, Ranvir, Dharamvir; appeal of Inchha Ram abated) against the judgment of the Uttarakhand High Court which had affirmed their conviction under Sections 302/149 and 307/149 of the Indian Penal Code. The incident dated 19.05.1988 involved two rival groups over land consolidation and sugarcane cutting. Two FIRs were lodged: one by the appellants' side (FIR No.65) and a cross-FIR by the complainant side three days later (FIR No.65A). The trial in FIR No.65A led to conviction of the appellants, while the trial in the other FIR resulted in acquittal of the opposite side. The appellants contended that it was a free fight, they acted in self-defence, and at most their case fell under Exception 4 to Section 300 IPC warranting conviction under Section 304 Part II. The State argued motive, aggression, and that Exception 4 was not attracted. The Court noted that its jurisdiction under Article 136 is to be exercised sparingly and interference with concurrent findings of fact by lower courts is warranted only in exceptional circumstances such as perversity, grave miscarriage of justice, or misreading of evidence. Reaffirming the principles in cases like Mekala Sivaiah and Shahaja, the Court held that there was no such error in the High Court's judgment. The appeals were accordingly dismissed, and the conviction and sentences were confirmed. The abated appeal of Inchha Ram was dismissed as such.
Headnote
A) Constitutional Law - Supreme Court Jurisdiction - Article 136, Constitution of India - Interference with concurrent findings - The Supreme Court reiterated that it does not reappreciate evidence in appeals against concurrent convictions unless there is manifest illegality, perversity, or gross miscarriage of justice; exceptional circumstances must be shown. Held that the appeals did not meet this threshold. (Paras 23-25)
B) Criminal Procedure - Abatement of Appeal - Death of Accused - Criminal Appeal No.1614 of 2011 abated as appellant Inchha Ram died during pendency; appeal dismissed. (Para 2)
Issue of Consideration
Whether the High Court committed an error in passing the impugned judgment and order, specifically whether the conviction under Sections 302/149 and 307/149 IPC was justified in light of the pleas of self-defence, free fight, and applicability of Exception 4 to Section 300 IPC
Final Decision
The Supreme Court dismissed the appeals, upholding the conviction and sentence under Sections 302/149 and 307/149 IPC as recorded by the trial court and affirmed by the High Court. The appeal of appellant Inchha Ram was dismissed as abated.
Law Points
- Legal points not extracted
- Article 136 of Constitution of India
- scope of interference with concurrent findings
- self-defence
- free fight
- Exception 4 to Section 300 IPC
- abatement of appeal on death of appellant
Case Details
2025 LawText (SC) (10) 83
Criminal Appeal No. 1624 of 2011 with Criminal Appeal Nos. 1613-1614 of 2011
Citation not available, 2025 INSC 1262
Advocate name not mentioned
Om Pal, Narendra, Ranvir, and Dharamvir (Appeal of Inchha Ram abated)
State of U.P. (now State of Uttarakhand)
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Nature of Litigation
Criminal appeal against concurrent conviction under IPC.
Remedy Sought
Appellants sought acquittal or conviction under Section 304 Part II IPC instead of Section 302/149 IPC.
Filing Reason
Appellants convicted by trial court; High Court upheld conviction; they filed appeals in Supreme Court.
Previous Decisions
Trial Court convicted appellants under Sections 302/149, 307/149, and 147/148 IPC; High Court dismissed appeals and revision, affirming conviction. Separately, in cross-case, opposite party was acquitted.
Issues
Whether the High Court committed an error in affirming the conviction under Sections 302/149 and 307/149 IPC?
Whether the case falls under Exception 4 to Section 300 IPC?
Whether the appellants acted in self-defence in a free fight?
Submissions/Arguments
Appellants contended that the incident was a free fight with injuries on both sides, indicating self-defence; no specific roles were attributed; the cross-FIR was lodged with delay; conviction under Section 302/149 was misconceived, and at most, they could be liable under Section 304 Part II IPC falling under Exception 4 to Section 300.
State argued that the appellants had motive due to land consolidation proceedings; they were the aggressors who used deadly weapons including a lathi with iron blade; Exception 4 to Section 300 was not attracted as there was shared intention to cause death; delay in FIR was explained; conviction should be upheld.
Ratio Decidendi
The Supreme Court will not interfere with concurrent findings of fact by the trial court and High Court in a criminal appeal under Article 136 unless there is manifest illegality, perversity, or grave miscarriage of justice. In the present case, the courts below correctly appreciated the evidence and found the appellants to be the aggressors; the plea of self-defence and free fight was not substantiated, and Exception 4 to Section 300 IPC was not applicable.
Judgment Excerpts
It is not the practice of this Court to reappreciate the evidence for the purpose of examining whether the findings of fact concurrently arrived at by the trial court and the High Court are correct or not. It is only in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence that this Court would interfere with such finding of fact.
The powers of this Court under Article 136 of the Constitution are very wide but in criminal appeals this Court does not interfere with the concurrent findings of fact save in exceptional circumstances.
Procedural History
Two FIRs were lodged regarding the incident on 19.05.1988. FIR No.65 resulted in Sessions Trial No.57/1992 where all accused were acquitted. FIR No.65A led to Sessions Trial No.56/1992 where the present appellants were convicted under Sections 302/149, 307/149, and 147/148 IPC. Appellants filed Criminal Appeals before the Allahabad High Court, which were transferred to Uttarakhand High Court. The High Court vide judgment dated 29.11.2010 dismissed the appeals and criminal revision, affirming the conviction. The appellants then appealed to the Supreme Court. During pendency, appellant Inchha Ram died and his appeal abated.
Acts & Sections
- Indian Penal Code, 1860: 147, 148, 149, 300, 302, 304 Part II, 307, 323, 324, 506
- Constitution of India: Article 136
- Uttar Pradesh Reorganization Act, 2000: 35
