The main legal point established in the judgment is that the invocation of vicarious liability by virtue of Section 149 IPC requires evidence of the formation of an unlawful assembly, and the court must identify and punish only those who have exceeded the right of private defence.

JUDGMENT :

MEHTA, J.

1. This appeal under Section 374 CrPC is directed against the judgment dated 31.01.1990 passed by the learned Sessions Judge, Bhilwara in Sessions Case No.67/1987 arising out of FIR No.201/1987 registered at the Police Station Kotwali, District Bhilwara, whereby the appellants herein were convicted and sentenced as below :

2. All the sentences were ordered to run concurrently.

3. The appeal was originally filed by six accused-appellants. During the pendency of the appeal, appellant No.6 Bal Kishan passed away and the appeal to his extent was dismissed as having abated vide order dated 20.07.2000. Appellant No.6 Dinesh also passed away on 03.04.2015. The death certificate issued by the competent authority is placed on record. Thus, the appeal is dismissed as having abated to the extent of the appellant No.5 Dinesh as well.

4. Brief facts relevant and essential for adjudication of the appeal are noted hereinbelow :-

5. Dara Singh (P.W.11) submitted a written report (Ex.P/26) to the SHO, Police Station Kotwali, District Bhilwara on 18.05.1987 at about 08.20 p.m. alleging inter alia that in the evening at about 8 o’clock, he and his father Ramchandra were taking meals at their house. At that time, Sita Ram Rajput’s wife, who stays in the neighbourhood raised an alarm that Devkaran and Dayaram Gurjar were being assaulted by Ram Sawrup, Bal Kishan, Radhey Shyam, Pappu, Raju and Dinesh. The complainant and his father proceeded towards the place of incident in an attempt to save their neighbours Devkaran and Dayaram, on which, Ram Sawrup and his companions exhorted that the interveners had come and they should also be beaten. Saying so, the accused diverted their attention towards them. Bal Kishan was having a knife in his hand, whereas Radhey Shyam was armed with a Gupti. Bal Kishan inflicted a blow of knife on the abdomen of his father. Ramsawrup gave a blow of lathi on the head of the informant. Meanwhile, all the accused were raising exhortations of killing. Radhey Shyam caught hold of him and tried to inflict a Gupti blow to him, on which, Subhash Singh Rathore, who operates a flour mill, took him inside his shop and bolted the door to save him. The informant also received injuries on his head, left hand fingers and right knee. Previously also, these people had beaten Dayaram and he (the informant) had intervened and thus, the assailants were bearing an ill will against him. His father’s condition was precarious and he had been admitted to the hospital.

6. On the basis of this report, FIR No.201/1987 was registered at the Police Station Kotwali for the offences punishable under Sections 147, 148, 149/307 IPC and investigation was commenced. Ramchandra expired as a result of the injuries caused to him and thus, offence under Section 302 IPC was added to the case. The dead body of Ram