2012 (1) TMI 401 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the conviction u/s 302/149, 307/149, and 452 IPC.
2. Examination of witnesses and the reliability of their testimonies.
3. Applicability of Section 149 IPC.
4. Evaluation of evidence and injuries sustained by the victims.

Summary:

1. Validity of the conviction u/s 302/149, 307/149, and 452 IPC:

The appeal was preferred against the judgment of the High Court of Allahabad, which upheld the Trial Court's conviction of the appellants u/s 302/149, 307/149, and 452 IPC, sentencing them to life imprisonment, seven years, and three years of rigorous imprisonment respectively.

2. Examination of witnesses and the reliability of their testimonies:

The appellants argued that injured witnesses Tarawati and Chandra Bose, and independent eyewitnesses Roshan Singh, Hukum Singh, and Jagdish were not examined, suggesting the prosecution withheld material evidence. The prosecution countered that the FIR was promptly lodged, and the roles of the appellants were clearly stated. The court noted that the evidence of closely related witnesses, if found reliable and trustworthy, cannot be discarded merely due to their relationship with the victim.

3. Applicability of Section 149 IPC:

The appellants contended that Section 149 IPC was not applicable as the prosecution failed to prove an unlawful assembly with a common object. The court, however, held that the common object could develop at the time of the incident and that the appellants' actions fell within the scope of Section 149 IPC. The court cited precedents to support the view that knowledge of the likelihood of an offence being committed in prosecution of the common object is sufficient to attract Section 149 IPC.

4. Evaluation of evidence and injuries sustained by the victims:

The court examined the injuries sustained by the victims, corroborated by medical reports and witness testimonies. The evidence showed that the appellants and other accused were armed and participated in the crime, resulting in the death of Onkar Singh and injuries to Tarawati and Chandra Bose. The court found no reason to doubt the prosecution's case and held that the appellants' actions were in concert with others to achieve a common object.

Conclusion:

The Supreme Court dismissed the appeal, finding no merit in the arguments presented by the appellants. The court upheld the conviction and sentences awarded by the lower courts, concluding that the facts and circumstances of the case warranted no interference.