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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, Ravindra Kumar Agrawal
Gopal Yadav S/o Late Mahil Yadav – Appellant
Versus
State Of Chhattisgarh Through Station House Officer – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1. Since the aforesaid four criminal appeals have been filed against the impugned judgment dated 15.09.2023 passed by the First Additional Sessions Judge, Bemetara in Sessions Trial No.16/2023, they were clubbed & heard together and being disposed of by this common judgment.
2. Appellants-Gopal Yadav, Gopi Yadav, Raju Yadav and Pramod Sinha have preferred these four criminal appeals under Section 374(2) of the CrPC questioning the impugned judgment dated 15.09.2023 passed by the First Additional Sessions Judge, Bemetara in Sessions Trial No.16/2023, by which they have been convicted for offences under Sections 147 , 148, 307/149 and 302/149 of the IPC and sentenced to undergo RI for six months and fine of Rs.500/-, in default of payment of fine to further undergo RI for 15 days, RI for six months and fine of Rs.500/-, in default of payment of fine to further undergo RI for 15 days, RI for ten years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for 2 months and imprisonment for life and fine of Rs.1000/-, in default of payment of fine to further undergo RI for 2 months.
3. Case of the prosecution, in nutshell, is that on 10.03.2
Membership in an unlawful assembly under Section 149 IPC establishes vicarious liability for actions taken by any member in furtherance of the assembly's common objective.
Common object – No overt act is required to be imputed to a particular person when charge is under Section 149 IPC – Presence of accused as part of unlawful assembly is sufficient for conviction.
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 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.
Prosecution must establish shared common object and active participation of accused in unlawful assembly for conviction under IPC; mere presence is insufficient.
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.
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....
The appellate court can overturn a trial court's acquittal if the findings are perverse and the prosecution's evidence is sufficient to establish guilt beyond a reasonable doubt.
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