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MOHIT KUMAR SHAH, NANI TAGIA
Laxman Sah – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present appeal under Section 374 (2) and Section 389 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) has been preferred against the judgment of conviction and order of sentence dated 27.08.2016 and 02.09.2016 respectively, passed in Sessions Trial No. 936 of 2007 (arising out of Adapur P.S. case No. 15 of 2007) by the learned VIIIth Additional Sessions Judge, East Champaran at Motihari (hereinafter referred to as “the learned Trial Judge). By the said judgment, the learned Trial Judge has convicted the Appellant No. 1 under Section 147 and 302 of the Indian Penal Code (hereinafter referred to as “the IPC”) and has sentenced him to undergo two years imprisonment under Section 147 of the IPC and life imprisonment under Section 302 of the IPC with a fine of Rs. 10,000/- and in default thereof, the Appellant No. 1 has been directed to undergo additional six months rigorous imprisonment. As far as the Appellants No. 2 to 6 are concerned, they have been convicted under Section 147 of the IPC and Section 149/302 of the IPC and have been sentenced to undergo two years imprisonment under Section 147 of the IPC and life imprison
In cases of unlawful assembly leading to murder, all involved members can be held vicariously liable, and eyewitness testimonies must be credible even if witnesses are related to the victim.
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 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 court determined that while the appellants participated in an unlawful assembly leading to death, their intent was not murder, qualifying the offense under culpable homicide not amounting to murd....
The court's decision in this case highlights the importance of analyzing the relevant provisions of the IPC and applying them to the facts of the case in order to determine the nature of the offense ....
The appellants' conviction for murder was altered to culpable homicide not amounting to murder due to lack of intent, despite their involvement in the unlawful assembly and rioting.
The appellate court can set aside a trial court's finding of acquittal if it finds that the finding is perverse and against the weight of evidence.
Point of law : Object of the proceedings under Section 174 Cr.P.C. is merely to ascertain whether a person died under suspicious circumstances or met with an unnatural death and, if so, what was its ....
The court established that in cases of unlawful assembly, all members can be held vicariously liable for the actions taken in furtherance of a common object, and that the prosecution's failure to exp....
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