IMPORTANT POINTS
Where the courts below return concurrent findings, Supreme Court will not interfere save in exceptional circumstances.
Where accused persons having common object to cause such injury which is sufficient in ordinary course of nature to cause death cause such injury, the case falls u/s 300, thirdly and the accused persons would be liable to be convicted u/s 302.
Members of unlawful assembly sharing common object are not required to be shown to have committed some overt act individually.
Conviction can be made even in absence of motive if there is direct trustworthy evidence of witnesses as to commission of an offence.

Headnote:(a) Constitution of India – Article 136 – Criminal appeal – Concurrent findings of courts below – Supreme Court will not interfere save in exceptional circumstances. (Para 10)
       (2005) 6 SCC 211 – Relied upon
       (b) Indian Penal Code, 1860 – Section 300, clause thirdly r/w section 302 – Accused persons having common object to cause such injury which is sufficient in ordinary course of nature to cause death causing such injury – Case falls u/s 300, thirdly – Accused persons liable to be convicted u/s 302 – Instantly, murder of the deceased by the appellant established beyond reasonable doubt. (Para 14)
       AIR 2004 SC 1517 : (2004) 9 SCC 37 – Relied upon
       (c) Indian Penal Code, 1860 – Section 149 – The accused persons having altercation with deceased and PWs – Accused pointing knife to deceased – All accused coming to place of occurrence, seeking deceased and PWs, in two auto rickshaws with knives and sticks – Common object of accused to cause bodily injury to victims established – Members of such unlawful assembly sharing common object not required to be shown to have committed some overt act – Conviction held justified. (Para 17, 19)
       (1989) 1 SCC 437; (2002) 8 SCC 381; (2010) 5 SCC 81; (2010) 7 SCC 477; (2008) 16 SCC 73; (2010) 9 SCC 111; (2011) 9 SCC 257 – Relied upon
       (2003) 10 SCC 434; (2009) 7 SCC 415; (1999) 3 SCC 97; (1980) Supp SCC 159; (1991) Supp(1) SCC 372 – Distinguished
       (d) Criminal trial – Motive – Loses significance in the face of availability of direct trustworthy evidence establishing the guilt of the accused – Conviction can be made even in absence of motive if there is direct trustworthy evidence of witnesses as to commission of an offence. (Para 22)
       (1996) 9 SCC 40; (2003) 12 SCC 616; (2010) 5 SCC 91; (2008) 16 SCC 73; (2010) 12 SCC 91 – Relied upon
       (e) Indian Penal Code, 1860 – Section 149 – Members of unlawful assembly – Carrying arms with common object – It is immaterial whether all arms carried by all accused persona were used or not. (Para 24)
       AIR 1965 SC 202 : 1964(8) SCR 133 – Relied upon
       (f) Indian Penal Code, 1860 – Section 302 and 304 (Part II) – Accused No.1 arriving at place of occurrence with nine armed men, three equipped with knives and the rest with sticks – Sufficient amount of time elapsing between initial altercation at the restaurant of Accused No.1 and subsequent arrival of the accused persons at place of the crime – Accused No.1 inflicting knife injury of such a nature, upon the unarmed deceased, that was sufficient in the ordinary course of nature to cause death – Accused No.1 not entitled to benefit of doubt. (Para 32)
       (1989) 2 SCC 217 – Relied upon
       Facts of the case:
       Appellants were convicted and sentenced for various offences punishable under Section 302 read with Sections 143, 147, 148, 323 IPC.
       High Court dismissed the criminal appeals and confirmed the conviction and sentence.
       Finding of the Court:
       Impugned judgment does not warrant interference.
       Result: Appeals dismissed.

JUDGMENT :

Pinaki Chandra Ghose, J.

1. These appeals by special leave, have been directed against the judgment and order dated 24.10.2008 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 117 of 2007 and 2274 of 2006 respectively, whereby the High Court dismissed the criminal appeals filed by the appellants herein and confirmed their conviction and sentence for various offences punishable under Section 302 read with Sections 143, 147, 148, 323 of the Indian Penal Code, 1860 [hereinafter referred to as “IPC”].

2. The brief facts necessary to dispose of these appeals are that on 04.03.2005 at about 8:00 p.m., one Rajubhai Jesingbhai Vasava(PW1), along with Rajubhai Ramubhai Vasava (deceased), Rakeshkumar Manharbhai Patel (PW2) and Prajeshkumar Ishwarbhai Patel (PW3), four persons, had gone to Amboli Cross-road, on two motorcycles, from the house of Rakeshbhai Tailor at Kholwad, for eating Biryani and after reaching at the Lari of Saddik @ Lalbhai Gulam Hussain Shaikh of Village Kathor (Accused No.1), they ordered four plates of Biriyani. But they were served only three plates of Biriyani with chicken pieces and one plate of Biriyani without chicken pieces. When Accused No.1 insisted on payment for four plates of Biriyani, there was a hot altercation between Rajubhai Ramubhai Vasava and other prosecution witnesses, on the one hand and Accused No.1 i.e. Saddikbhai @ Lalbhai Gulam Hussain Shaikh, on the other. Thereafter, they had to pay money for four plates of Biriyani and all this while Accused No.1 was abusing PW1 and other prosecution witnesses and had also drawn out a knife. However, PW3 intervened and separated PW1 and other prosecution witnesses and Accused No.1.

3. Thereafter, when PW1 and other prosecution witnesses were travelling to Village Kholwad on two motorcycles, they met one Kishorbhai Kantibhai Dholia (PW5) who happened to be the uncle of PW1 and narrated the whole incident before him who assured that he would settle the dispute since he was well-acquainted with Accused No.1. Thereafter, while PW5 had gone to fill petrol in his motorcycle, the accused persons came in auto rickshaws to the spot where PW1 and other prosecution witnesses were waiting for the return of PW5 and according to the statement of the complainant (PW1) in the FIR, Accused Nos. 1, 2 and 3 caused knife injuries to the deceased Rajubhai Ramubhai Vasava while other accused persons started beating the complainant and other prosecution witnesses with sticks.

4. Thereafter, the complainant, PW2 and PW3 had to flee to save themselves and when they arrived at the house of PW1, they recounted the entire incident to his father Jesingbhai Chhaganbhai Vasava (PW14) who immediately rushed to the scene of occurrence in the car of one Shri Aminbhai and carried the severely injured Rajubhai to Dinbandhu Hospital wherefrom he was shifted to Mahavir Hospital where he expired.

5. The law was set into motion upon lodging of FIR by PW1 (complainant) on 04.03.2005 at 11.55 p.m., at Kamrej Police Station. The FIR was registered as C.R. No. I-30 of 2005. The postmortem of the deceased was performed by Dr. Pranav Vinodchandra Prajapati (PW15). Looking to the postmortem note, marked Exh. 67, there were injuries on chest, stomach and intestine by knives.

6. Upon completion of investigation, charge sheet under Sections 143, 147, 148, 149, 302, 323 and 504 of the IPC and Sections 3(1)(10) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was filed on 26.04.2005 in the Court of Judicial Magistrate, First Class, Kathor. However, the case being exclusively triable by the Court of Sessions, Surat, the same was committed to the Hon’ble Sessions Court under Section 209 of the Cr.P.C. Accordingly, a Special Atrocity Case No.6 of 2005 was registered against the accused. Thereafter, upon the case being transferred to the Court of Additional Sessions Judge, 2nd Fast Track Court, Surat City, Surat, charges were framed aga

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2016 Supreme(SC) 834

SUPREME COURT OF INDIAPinaki Chandra Ghose, Amitava Roy, JJ.Saddik @ Lalo Gulam Hussein Shaikh & Ors. – AppellantsVersusState of Gujarat – RespondentCriminal Appeal Nos. 1999-2000 of 2010Decided On : 03-10-2016

Cases Referred (20)

SUPREME COURT OF INDIA
Pinaki Chandra Ghose, Amitava Roy, JJ.
Saddik @ Lalo Gulam Hussein Shaikh & Ors. – Appellants
Versus
State of Gujarat – Respondent
Criminal Appeal Nos. 1999-2000 of 2010
Decided On : 03-10-2016