1986 (8) TMI 457 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction under Sections 302 read with Section 149, 396, 201 read with Section 149, 148, and 147 of the Indian Penal Code (IPC).
2. Acquittal by the High Court.
3. Evaluation of evidence by the High Court.
4. Specific involvement of Accused 12 to 15.
5. Sentencing and re-imposition of the death penalty.

Detailed Analysis:

1. Conviction under Sections 302 read with Section 149, 396, 201 read with Section 149, 148, and 147 IPC:
The Additional Sessions Judge, Kumaun convicted all 19 accused for the offenses under Sections 302 read with Section 149, 396, 201 read with Section 149, 148, and 147 IPC. Accused 1, 2, and 16 were sentenced to death, while the others were sentenced to life imprisonment under Section 302 read with Section 149 IPC. No separate sentences were awarded for the other convictions.

2. Acquittal by the High Court:
The High Court allowed the appeals of all 19 accused, dismissed the reference for confirmation of the death sentence, and set aside the convictions and sentences, setting the accused at liberty. The State of Uttar Pradesh appealed against this acquittal.

3. Evaluation of Evidence by the High Court:
The Supreme Court found that the High Court failed to view the evidence in its proper perspective and set unrealistic standards to evaluate the testimony. The High Court's insistence on "implicit proof" rather than "proof beyond reasonable doubt" led to the acquittal of the accused, which the Supreme Court deemed unsustainable.

4. Specific Involvement of Accused 12 to 15:
The Supreme Court noted that Accused 12 to 15 were not mentioned in the earliest record (Ex. Ka-7), and the eye-witnesses did not attribute any overt acts to them. The Sessions Judge overlooked these features while awarding convictions. Consequently, the Supreme Court upheld the High Court's acquittal of Accused 12 to 15.

5. Sentencing and Re-imposition of the Death Penalty:
The Supreme Court restored the convictions of Accused 1 to 11 and 16 to 19 under Sections 302 read with Section 149, 396, 201 read with Section 149, 148, and 147 IPC. However, considering the time elapsed, the Supreme Court decided not to re-impose the death sentence on Accused 1, 2, and 16, sentencing them instead to life imprisonment along with the others. No separate sentences were awarded for the other convictions.

Conclusion:
The Supreme Court allowed Crl. Appeal No. 94 of 1978, allowed Crl. Appeal No. 95 of 1978 against all respondents except Accused 12, and dismissed Crl. Appeal No. 96 of 1978. Accused 1 to 11 and 16 to 19 were ordered to be re-arrested and placed in prison to serve the remaining part of their life imprisonment sentences.