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N.H.BHAGWATI, T.L.VENKATARAMA AYYAR, B.JAGANNATHA DAS
Kripal – Appellant
Versus
State Of U. P. – Respondent
Key Points: - The Court discusses whether a preconcerted plan is required to convict multiple accused under section 34 IPC in a murder/assault context and the role of common intention developing on the spot (!) (!) - It analyzes whether all three appellants shared a common intention to kill Jiraj or only to beat him and the labourers, affecting liability under sections 326 and 302 IPC; ultimately holds that only Bhopal had the intention to kill and convicts him under 302 while Kripal and Sheoraj are convicted under 326 and 323, with 302 convictions for them set aside (!) (!) - It affirms the trial and High Court findings rejecting the defence that two separate incidents occurred, accepting Milakwala well as the locus of the principal assault and supporting the common intention to beat with potential grievous injury (!) (!) - It discusses the sufficiency and reliability of prosecution evidence, including witnesses’ accounts and medical evidence, in establishing the assault pattern and intent (!) (!) (!) (!) - It concludes with modification of sentences: Bhopal is sentenced to death for the murder; Kripal and Sheoraj receive 5 years and 3 years for 326 IPC; 302 IPC convictions for Kripal and Sheoraj set aside; fines related to 323 IPC affirmed; Bhopal’s fine for 323 IPC cancelled; appeals dismissed subject to these modifications (!) (!) (!) (!) (!)
Judgment
JAGANNADHADAS, J. : THese two appeals are against a judgment of the High Court of Allahabad dated 8th May, 1953, and arise out of a trial before the Sessions Judge of Muzaffarnagar of the three appellants herein along with ten others in respect of charges under section 148, and section 302, as well as 323 read with 149 of the Indian Penal Code. The Sessions Judge acquitted these ten persons of all the charges. But so far as the three appellants are concerned, though acquitted in respect of the charge under section 302, I.P.C., they were convicted under section 304 (1) as well as under section 323, I.P.C. read with section 34, I.P.C.
The appellants in Cr. A. 37 of 1953, Kripal and Bhopal, were sentenced to five years rigorous imprisonment and a fine of Rs. 100 and the appellant in Cr. A. 77 of 1953, Sheoraj, was sentenced to four years rigorous imprisonment and a fine of Rs. 100. The three appellants files appeals to the High Court in respect of their convictions and sentences, while the State filed an appeal as against these three appellants alone in respect of their acquittal under section 302, I.P.C. In the High Court, the appeal filed by the three appellants was dismissed
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