2000 (4) TMI 825 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction under Sections 323, 302/34 IPC.
2. Conviction under Sections 148, 307/149, 323/149, 302, 302/149 IPC.
3. Acquittal of two accused by the High Court.

Summary:

Issue 1: Conviction under Sections 323, 302/34 IPC
The appellant challenged the High Court's judgment upholding his conviction u/s 323 and 302/34 IPC for the murder of Kulwant Singh and Bidhi Shankar. The prosecution's case involved a long-standing enmity resulting in an unlawful assembly of nine accused armed with various weapons. The accused waylaid the victims, leading to their fatal assault. The Trial Court found the charges proved, leading to life imprisonment for the accused. The High Court altered the conviction to Sections 302/34 IPC, maintaining the conviction under Section 323 IPC.

Issue 2: Conviction under Sections 148, 307/149, 323/149, 302, 302/149 IPC
The three appellants in the second appeal were convicted by the High Court for offences u/s 148, 307/149, 323/149, 302, and 302/149 IPC. The High Court acquitted some of the accused but maintained the conviction for others under Sections 302/34 IPC and 323/34 IPC. The evidence showed that the accused formed an unlawful assembly with the common object of murdering the victims, fulfilling the elements of Sections 149 and 34 IPC.

Issue 3: Acquittal of Two Accused by the High Court
The appellant in the third appeal, the complainant, was aggrieved by the acquittal of two accused by the High Court. The Supreme Court emphasized the principle of interfering with acquittals only when there are "compelling and substantial reasons." The High Court's acquittal of Gurnam Singh and Iqbal Singh was found to be based on a misinterpretation of Sections 34 and 149 IPC. The accepted evidence showed their participation in the unlawful assembly and the attack, making the acquittal unsustainable. The Supreme Court restored the Sessions Court's decision, convicting the accused under Sections 302/149 IPC.

Conclusion:
The Supreme Court allowed the complainant's appeal, setting aside the acquittal and restoring the Sessions Court's decision. The appeals by Shisha Singh, Baksha Singh, Amrik Singh, and Jaswant Singh were dismissed, and all appellants were convicted under Section 302/149 IPC. The accused were ordered to surrender and serve their sentences.