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2020 Supreme(SC) 710

N. V. RAMANA, SURYA KANT, ANIRUDDHA BOSE
Rohtas – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Rishi Malhotra Advocate
For the Respondent:B.K. Satija, AAG, Haryana Monika Gusain, Advocates

Judgement Key Points

Based on the provided legal document, here are the key points regarding the judgment:

  • Subject: Criminal Law - Attempt to Murder.
  • Acts Referred: Criminal Procedure Code (Sections 211 to 224, 386, 464, 313); Indian Penal Code (Sections 34, 149, 141, 148, 307).
  • Framing of Charges: Sections 211 to 224 of the Cr.P.C. provide flexibility to courts to alter charges, provided the new charge does not cause prejudice to the accused. Improper or non-framing of a charge is not a ground for acquittal under Section 464 unless failure of justice is shown. (!) (!)
  • Common Intention vs. Common Object: While Section 34 requires active participation and a prior meeting of minds, Section 149 assigns liability merely by membership of an unlawful assembly. (!) (!)
  • Requirement for Unlawful Assembly: To convict under Section 149, at least five persons must participate. If the number falls below five due to acquittals, the charge under Section 149 cannot survive, but the court may alter the charge to Section 34 or convict simpliciter if individual culpability is proven. (!) (!) (!) (!)
  • Conviction under Section 307: Conviction for attempted murder can be sustained individually under Section 34 or simpliciter if the accused's act was sufficient to cause death, even if the charge under Section 149 fails. (!) (!)
  • Evidence and Witnesses: The absence of independent witnesses does not automatically undermine the prosecution case, especially in violent crimes occurring in private settings. The testimony of the victim and his brother (eyewitness) was found credible and sufficient. (!) (!) (!)
  • Sentencing: The appellants were found guilty of attempted murder (Section 307) but acquitted of rioting (Section 148) due to the reduced number of accused. The sentence of seven years was upheld (against the High

JUDGMENT

Surya Kant, J.

These two criminal appeals, which have been heard through video conferencing, are directed against the judgment dated 15.03.2010 of the High Court of Punjab and Haryana whereby conviction of Rohtas and Sanjay (appellants in Criminal Appeal No. 38 of 2011) and Bijender (appellant in Criminal Appeal No. 775 of 2011) under Sections 307 and 148 of the Indian Penal Code, 1860 ("IPC") has been upheld, though the sentence of seven years rigorous imprisonment awarded by the Additional Sessions Judge, Sonipat has been reduced to five years, with a fine of Rs. 1,00,000 (Rupees One Lakh) payable as compensation to the victim-complainant.

Facts

2. The brief facts of the prosecution case are as follows. A complaint was lodged with the police by the victim-Ranbir Singh (PW-1) on 26.01.1998 stating that two days ago while on his way to irrigate his agricultural field, he was stopped by Rohtas, Sanjay, Bijender (the present three appellants) and Om Prakash (since deceased) who collectively threatened him with death if he were to return to his fields for irrigation. The complainant came back to his house and narrated the incident to his family members who while cautioning him ag


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