1994 (2) TMI 321 - SC - Indian Laws

Summary

Issues:
1. Appeal against judgment of acquittal by Additional Sessions Judge.
2. Conviction under various sections of IPC including Section 302/149 IPC.
3. Evaluation of evidence by the High Court.
4. Analysis of weapons used in the assault.
5. Assessment of injuries caused to the deceased.
6. Conviction and sentence under Section 304 Part II read with Section 149 IPC.
7. Sentencing and fine distribution.

Detailed Analysis:
1. The appeal was filed against the judgment of the High Court of Madhya Pradesh, which set aside the acquittal recorded by the Additional Sessions Judge in a case involving ten accused, including eight appellants. The appellants were tried for various offenses under IPC sections 302, 149, 148, 147, and 436. The prosecution alleged that the appellants, along with others, attacked the deceased and two witnesses due to previous enmity. The prosecution witnesses, including injured parties, provided consistent and credible testimony, establishing the guilt of the appellants beyond a reasonable doubt.

2. The High Court upheld the conviction of the appellants for causing injuries to the witnesses under Sections 325 and 323 IPC. However, concerning the death of the deceased, the High Court convicted the appellants under Section 302/149 IPC and imposed a sentence of life imprisonment. The defense argued that the weapons used in the assault did not cause fatal injuries, questioning the sustainability of the conviction under Section 302/149 IPC.

3. The Supreme Court analyzed the medical evidence and concluded that the injuries caused to the deceased were mainly by lathi blows, not by the deadly weapons carried by the appellants. The injuries were not on vital body parts and were not sufficient to cause instant death. The court found that the appellants did not share a common intention to cause the death of the deceased but could be attributed the knowledge that their acts were likely to cause death, leading to a conviction under Section 304 Part II read with Section 149 IPC instead of Section 302/149 IPC.

4. Regarding sentencing, the Supreme Court upheld the convictions under Sections 325 and 323 IPC and sentenced the appellants to rigorous imprisonment for five years and a fine. The fine amount was to be distributed among the injured witness and the deceased's widow. A similar sentence was imposed on an unappealed co-accused, with the fine to be paid to another witness. The appeal was partly allowed with modifications in the conviction and sentence.