Case Note & Summary
The case involved an appeal against the conviction of five accused persons for the murder of Smt. Keshari Mahato. The incident occurred on 27.09.1993, when the deceased and her daughter-in-law were attacked by the accused while returning from a pond. The FIR was lodged by Lakshmi Mahato, the son of the deceased, alleging that the accused surrounded and assaulted the deceased with weapons, leading to her death. The trial court convicted all five accused, sentencing them to life imprisonment, a decision later affirmed by the High Court. The appellants contended that they did not have a common intention to kill and only intended to teach the deceased a lesson regarding her alleged witchcraft practices. However, the court found that the evidence, including eyewitness accounts and the nature of the injuries, indicated a premeditated attack with the intent to kill. The court dismissed the appeal, affirming the conviction and sentence, while also noting the possibility of remission for the appellants based on their time served. The appeal was ultimately deemed to lack merit and was dismissed.
Headnote
A) Criminal Law - Common Intention - Establishment of Common Intention - Indian Penal Code, 1860, Sections 302, 34 - The court held that the assembly of the accused with weapons and their actions indicated a pre-planned common intention to kill the deceased, ruling out any claim of mere intention to threaten. The evidence presented by eyewitnesses corroborated the prosecution's case regarding the premeditated nature of the attack (Paras 16-19).
Issue of Consideration
Whether the accused had a common intention to kill the deceased and whether the conviction was justified.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction and life sentence of the appellants, while allowing for the possibility of remission based on their time served.
Law Points
- Common intention
- murder
- conviction
- eyewitness testimony
- pre-planned attack
Case Details
2023 LawText (SC) (09) 142
Criminal Appeal No. 20 of 2014
Pankaj Mithal, Abhay S. Oka
Ranjan Mukherjee, Nipun Saxena, Astha Sharma
Bhaktu Gorain, Bandhu Gorain
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Nature of Litigation
Criminal appeal against conviction for murder.
Remedy Sought
Appellants sought to overturn their conviction and sentence.
Filing Reason
Appeal filed against the affirmation of conviction by the High Court.
Previous Decisions
Conviction and life sentence affirmed by the High Court on 21.07.2010.
Issues
Whether the accused had a common intention to kill the deceased
Whether the conviction was justified based on the evidence presented
Submissions/Arguments
The appellants argued they did not have a common intention to kill and only intended to threaten the deceased.
The prosecution maintained that the actions of the accused indicated a premeditated attack with the intent to kill.
Ratio Decidendi
The court found that the assembly of the accused with weapons and their coordinated actions indicated a common intention to kill, thus justifying the conviction under Sections 302 and 34 of the Indian Penal Code.
Judgment Excerpts
The very fact that they had assembled in the morning and surrounded (gheraoed) the deceased with deadly weapons is sufficient indication to infer that they had surrounded (gheraoed) in a pre-planned manner with a pre-determined mind.
In view of the above evidence and some other evidence which is not very material and worth referring, it is evident that all the witnesses have proved that all the five accused persons have surrounded (gheraoed) the deceased.
Procedural History
The trial court convicted the accused in Sessions Trial No. 05/1998, sentencing them to life imprisonment. The High Court affirmed this conviction on 21.07.2010. The appellants filed a Special Leave Petition, which was granted on 03.01.2014.
Acts & Sections
- Indian Penal Code: 302, 34
- Code of Criminal Procedure: 161
