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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, K. SEMA
Suresh Munda S/o. Sri Mutal Munda – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
S. K. Medhi, J.
The instant appeal has been preferred under Section 374 of the Cr.P.C, against the judgment and order dated 07.01.2020 passed by the learned Sessions Judge, Karbi Anglong in Sessions Case No. 19 of 2001, corresponding to G. R. Case No. 446 of 1996, under Sections 147 /148 /149 /324 /326 /302 / 436 of the Indian Penal Code (IPC), by which the appellants were sentenced to undergo Rigorous Imprisonment (RI) of 6 (six) months for Section 147 of the IPC, RI of 1 (one) year for Section 148 of the IPC, RI of 3 (three) months for Section 447 of the IPC, RI of 6 (six) months for Section 324 of the IPC, RI of 2 (two) years and to pay fine of Rs.500/- in default, Simple Imprisonment (SI) of 1 (one) month for the Section 436 of the IPC and RI of life and to pay fine of Rs.1,000/- in default, SI for 2 (two) months for Section 302 of the IPC, each. All the sentences were to run concurrently.
2. The criminal law was set into motion by lodging of an Ejahar dated 29.08.1996 by the PW-3. It has been stated that on the previous night around 45 (Forty-Five) persons of Munda community from Jamuguri village armed with bows, arrows and guns had
The court upheld the convictions under IPC Sections 147, 148, 149, and 302, affirming that all members of an unlawful assembly are liable for offences committed in furtherance of a common object.
The prosecution must establish a common object for unlawful assembly under Section 149 IPC; absence of motive and specific allegations can lead to acquittal.
The court emphasized the necessity of direct evidence of participation in unlawful assembly and cautioned against assumptions of guilt based solely on group association.
(1) Murder – Evidence of eye-witness should be of very sterling quality and calibre and it should not only instil confidence in court to accept the same but it should also be a version of such nature....
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 judgment established that even if Section 149 IPC is not attracted, the appellants could still be convicted with the aid of Section 34 IPC if the common intention to commit the crime and the part....
The prosecution must prove the formation of an unlawful assembly and the shared common object beyond reasonable doubt, and essential witnesses must be produced to unfold the narrative.
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.
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