IMPORTANT POINTS
Applicability of section 34 IPC discussed.

JUDGMENT

A.K. SIKRI, J.

Six persons were accused of conspiring with each other and committing murder of one Ramesh Masta with common intention. FIR No. 414 dated November 06, 2004 was registered against these six accused persons at Police Station City Bhiwani, Haryana, under Sections 302, 120-B and 34 of the Indian Penal Code, 1860 (for short ‘IPC’). Charge under Section 25 of the Arms Act, 1959 was also foisted upon them. Names of these accused persons are – Rahul @ Shashi Partap, Satender, Bharat, Karambir, Manjit Singh and Banti @ Yogender Singh. The Court of Additional Sessions Judge, Bhiwani, on the conclusion of the trial, vide judgment dated February 22, 2007 returned the findings to the effect that the prosecution had successfully proved the allegations contained in the charge sheet that accused Rahul @ Shashi Partap, Satender and Bharat, in furtherance of their common intention, committed the murder of Ramesh Masta and thereby committed an offence punishable under Section 302 read with Section 34 of the IPC. It also held that other three accused persons, namely, Karambir, Manjit Singh and Banti @ Yogender Singh, had abetted the aforesaid accused persons in the said offence and thereby committed an offence punishable under Section 109 read with Section 302 of the IPC. It was also held that all the six accused persons, prior to the date of occurrence, hatched the conspiracy in order to commit the murder of Ramesh Masta and thereby committed an offence punishable under Section 120-B of the IPC. Rahul @ Shashi Partap was found guilty of offence punishable under Section 25 of the Arms Act as well. Different sentences were awarded in respect of each of the offences proved against them, as mentioned above.

2. All the aforesaid six accused persons filed appeals before the High Court. The High Court, vide the impugned judgment dated November 30, 2011, has allowed the appeal of Banti @ Yogender Singh thereby acquitting him of the charges framed against him. However, appeal of Bharat is dismissed maintaining the conviction and sentence as ordered by the trial court. Insofar as the third appeal, which was preferred by the remaining four accused persons is concerned, this was dismissed qua Rahul @ Shashi Partap, upholding his conviction and sentence, and allowed qua Satender, Karambir and Manjit Singh, acquitting them of the charge of conspiracy and abetment framed under Section 109 and 120-B of IPC respectively.

In essence, conviction of Bharat and Rahul @ Shashi Partap stands as per the judgment of the High Court.

3. Challenging their conviction, these two accused persons have filed petitions for special leave to appeal, which were granted. The appeal of Bharat is numbered as Criminal Appeal No. 1528 of 2013 and that of Rahul @ Shashi Partap is numbered as Criminal Appeal No. 1519 of 2013. Against the acquittal of other four accused persons, the State of Haryana has preferred special leave petition. Their acquittal is also challenged by the complainant Pawan Kumar Masta, which is number as Criminal Appeal Nos. 1526-1527 of 2013. Thus, all these four appeals arise out of a common judgment of the High Court pertaining to the same trial. That was the reason for hearing all these appeals together, which are being disposed of by this singular judgment.

We may point out at this stage itself that as Karambir died after the pronouncement of the judgment by the High Court, while issuing notice in the special leave petitions filed by the State of Haryana, the aforesaid fact was taken note of and the SLP against him stood abated. Notice was also not issued against Manjit Singh and Banti @ Yogender Singh as the special leave petitions filed qua them were also dismissed. Therefore, insofar as the appeals against acquittal are concerned, they relate only to Satender.

4. With this preliminary introduction of the subject matter, we advert to the incident which took place, as projected by the prosecution.

5. FIR No. 414 dated November 06, 2004 w