2013 (1) TMI 1056 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the High Court was justified in reversing the acquittal by the trial Court.
2. Whether the absence of a charge u/s 34 IPC prejudiced the appellants.
3. Whether the evidence supported the conviction for murder u/s 302 IPC.

Summary:

1. Reversal of Acquittal by High Court:
The High Court reversed the trial Court's acquittal and convicted the appellants u/s 302 read with Section 34 IPC, sentencing them to life imprisonment and a fine. The appellants were also convicted u/s 324 read with Section 34 IPC and sentenced to three months of simple imprisonment. The Supreme Court noted that the appellate court has full power to review and re-appreciate evidence and may reverse an acquittal if the view taken by the trial Court is not reasonably possible. The High Court's interference was justified as the trial Court's acquittal was not a reasonably possible view.

2. Absence of Charge u/s 34 IPC:
The appellants contended that their conviction u/s 302 read with Section 34 IPC was unjustified as they were not charged under Section 34 IPC. The Supreme Court held that the absence of a charge u/s 34 IPC does not automatically result in prejudice. The Court cited precedents where convictions were upheld despite the absence of a specific charge under Section 34 IPC, provided no prejudice was caused to the accused. The appellants failed to demonstrate any prejudice resulting from the absence of the charge, and thus, the conviction was upheld.

3. Evidence Supporting Conviction for Murder:
The appellants argued that there was no evidence of common intention to commit murder. The Supreme Court rejected this argument, noting that the appellants had threatened the deceased the previous day and were lying in wait for him, indicating premeditation. The nature of the injuries inflicted, the use of stout sticks, and the continued assault even after the deceased fell, all pointed to a common intention to kill. The evidence, including the credible testimony of PW-1 and other witnesses, supported the conviction for murder.

Conclusion:
The appeal was dismissed, affirming the High Court's judgment convicting the appellants u/s 302 read with Section 34 IPC and u/s 324 read with Section 34 IPC. The Supreme Court found no error in the High Court's decision and upheld the sentences imposed.