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2021 Supreme(SC) 380

Lakshman Singh – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent


Advocates appeared:
For the Petitioner(s):Manoj Swarup, Dharmendra Kumar Sinha, Neelmani Pant, Rajiv Kumar Jha, Sunil Rai, Advocates
For the Respondent(s) SR3173/19:Arunabh Chowdhury, Pallavi Langar, Advocates
For the SR6468-6469/19 :Tapesh Kumar Singh, Aditya Pratap Singh, Bhaswati Singh, Advocates

Judgement Key Points

What is the scope of liability for every member of an unlawful assembly under Section 147 IPC when the common object is proven? What is the evidentiary value and reliability of injured eyewitnesses in convictions under Sections 323 and 147 IPC? How should courts treat casualties and evidence (including absence of injury reports) in proving hurt under Section 323 IPC?

Key Points: - Point 1 (!) (!) - Point 2 (!) (!) - Point 3 (!) (!)

What is the scope of liability for every member of an unlawful assembly under Section 147 IPC when the common object is proven?

What is the evidentiary value and reliability of injured eyewitnesses in convictions under Sections 323 and 147 IPC?

How should courts treat casualties and evidence (including absence of injury reports) in proving hurt under Section 323 IPC?


JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 31.10.2018 passed by the High Court of Jharkhand at Ranchi in Criminal Appeal Nos. 232/1999 and 242/1999, by which the High Court has dismissed the said appeals preferred by the appellants herein and has confirmed the judgment and order of conviction and sentence passed by the learned trial Court convicting the appellants for the offences under Sections 323 and 147 IPC and sentencing them to undergo six months simple imprisonment under both sections, original accused nos. 9, 8, 12, 11, 10, 14, 2 and 13 Lakshman Singh, Shiv Kumar Singh, Upendra Singh, Vijay Singh, Sanjay Prasad Singh, Rajmani Singh, Ayodhya Prasad Singh and Ramadhar Singh have preferred the present appeals.

2. As per the case of the prosecution, an FIR was lodged at Paatan Police Station by the first informant-Rajeev Ranjan Tiwari on 26.11.1989 alleging inter-alia that on the eve of general election, he was working as a worker of Bhartiya Janta Party at village Golhana Booth No. 132 under Paatan Police Station and was issuing slips to the voters towards two hundred yards north away from the polling booth; at

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