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A. M. BADAR, SUNIL KUMAR PANWAR
Rama Chaudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A.M. BADAR, J.
Criminal Appeal (DB) No.336 of 1995 is filed by accused no.1 Hari Chaudhary, accused no.2 Laxman Chaudhary, accused no.3 Rama Chaudhary, accused no.4 Akhlesh Chaudhary, accused no.6 Bharat Chaudhary and accused no.7 Rajan Chaudhary. Criminal Appeal (DB) No.353 of 1995 is filed by accused no.9 Prasadi Choudhary. The appellants/accused, by these appeals are challenging the Judgment and Order dated 15.09.1995 and 16.09.1995 respectively passed by the learned Sessions Judge, Katihar, in Sessions Case No.267 of 1991, wherein in all 9 accused were put on trial. Two out of them, i.e., accused no.5 Ranjeet Choudhary and accused no.8 Rohit Choudhary came to be acquitted by the learned trial court. That is how, the remaining 7 accused are before this Court in the instant appeals.
Appellant/accused no.1 Hari Chaudhary, appellant/ accused no.2 Laxman Chaudhary, appellant/accused no.3 Rama Chaudhary, appellant/accused no.4 Akhlesh Chaudhary and appellant/accused no.7 Rajan Chaudhary came to be convicted of the offences punishable under Section 302 read with Section 149 of the Indian Penal Code and Section 147 of the Indian Penal Code whereas appellant/accused no.6 Bharat
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The court affirmed the conviction under Sections 302 and 307 IPC, emphasizing the credibility of eyewitnesses and the common object of the accused in a fatal assault.
The main legal point established in the judgment is the application of Section 149 IPC to determine the common object of the unlawful assembly and the vicarious liability of the accused, as well as t....
The evidence must establish a premeditated intent to commit murder and the existence of an unlawful assembly with the common object of committing murder to support a conviction for murder under Secti....
The court affirmed the conviction for murder based on the established common object of the unlawful assembly, supported by credible witness testimonies and medical evidence.
The court clarified that to establish liability for murder under joint criminal enterprise, a common object must be proved, which was not present in this case.
Point of Law : Unlawful assembly – Common object - No doubt section 149 IPC is wide in its sweep but in fixing the membership of the unlawful assembly and in inferring the common object various circu....
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