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Criminal · Reportable judgment

Parshuram vs State of M.P.

Court
Supreme Court of India
Date
3 November 2023
Case No.
Criminal Appeal No. 524 of 2021
Result
Disposed
Bench
Bhushan Ramkrishna Gavai, B.V. Nagarathna, Prashant Kumar Mishra
Citation
[2023] 14 S.C.R. 186 : 2023 INSC 973
Supreme Court Reports [2023] 14 S.C.R. 186 : 2023 INSC 973
Issue for consideration
Whether the courts below were justified in convicting and sentencing the appellants for the offences punishable u/s. 302/149, s.326/149, s.324/149, s.323/149, s.147 and s.148 IPC. Penal Code, 1860 – ss. 304 Part II, 302/149, 326/149, 324/149, 323/149, 147 and 148 – Murder – Unlawful assembly – Accused persons formed an unlawful assembly when the buffalo of the complainant party spoiled the taparia built by the accused, and thereafter grieviously assaulted the complainant and his members with deadly weapons, killing one of them – Conviction and sentence of the appellants for the offences punishable u/s. 302/149, 326/149, 324/149, 323/149, 147 and 148 by the courts below – Tenability of:
Headnote

Held: Inconsistencies in the evidence of two prosecuting witness being rustic villagers not fatal – Their evidence that the appellants were members of the unlawful assembly, though no specific role attributed to them of assaulting the deceased – It is not necessary that such a person, for being convicted, must have actually assaulted the deceased – Trial court’s observation that no fatal weapons were used by the complainant party in assaulting the accused persons, whereas accused used fatal weapons, not correct since injuries sustained by one of the accused was by a sharp weapon – Furthermore, witnesses are interested witnesses – Non-explanation of injuries on the persons of the accused creates a doubt, on the prosecution case – Moreso, cross case was registered against the complainant party – Defence by accused that the complainant party started assaulting them resulting into a free fight in which the persons from both the sides received injuries and one person of complainant’s side died – Entire incident arose on account of the happening on the previous day-buffalo spoiling the taparia built by accused – No clarity as to whether the common object of the unlawful assembly was to cause the death of the deceased – Prosecution failed to prove beyond reasonable doubt that the unlawful assembly had an intention to cause the death of deceased – Appellants entitled to benefit of doubt – Thus, the conviction u/s. 302 not sustainable and altered to one under s. 304 Part-II – Appellants sentenced to rigorous imprisonment for 7 years. [Paras 15, 19, 20, 23-27]

Penal Code, 1860 – s. 149 – Unlawful assembly – Scope and ambit of s. 149 :

Held: Every person constituting an unlawful assembly need not play an active role for convicting him with the aid of s. 149 – Prosecution has to establish that a person has to be one of the persons constituting the assembly and that he had entertained the common object along with the other members of the assembly, as defined u/s. 141 – Whoever being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of unlawful assembly. [Para 14] LISTS OF CITATIONS AND OTHER REFERENCES

Read the full headnote (4 more paragraphs)

Nand Lal and Others v. State of Chhattisgarh 2023 SCC OnLine SC 262; Masalti v. State of U.P. [1964] 8 SCR 133; Lakshmi Singh and Others v. State of Bihar (1976) 4 SCC 394; State of Rajasthan v. Madho and Another 1991 Supp (2) SCC 396; State of M.P. v. Mishrilal (Dead) and Others (2003)

9 SCC 426; Nagarathinam and Others v. State Represented by Inspector of Police (2006) 9 SCC 57 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT B. R. GAVAI, J. 1. Leave granted in appeal arising out of SLP (Criminal) No. 1718 of 2022. 2. These appeals challenge the common judgment and order dated 14th March 2018, passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior, in Criminal Appeal Nos. 243 and 260 of 2005, whereby, the High Court upheld the judgment and order dated 30th March 2005, passed by the 1st Additional Sessions Judge, Shivpuri (Madhya Pradesh) (hereinafter referred to as the “trial court”) in Sessions Trial No. 09/2002, convicting the appellants and
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