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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Shankar Singh S/o Shri Dhan Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Munnuri Laxman, J.
1. The challenge in the present appeal is to the judgment dated 05.01.1995 passed by the learned Sessions Judge, Balotara on the file of Sessions Case No.31/1992, wherein and whereby the appellants-accused were convicted and sentenced as below:-
| S. No. | Appellants- Accused | Conviction for offence | Sentence imposed |
| 1 | Shanker Singh | u/Sec. 302 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation, 6 months additional imprisonment |
| u/Sec. 376 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation 6 months additional imprisonment | ||
| u/Sec. 366 IPC | to undergo 7 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 459 IPC | to undergo 7 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 323/149 IPC | to undergo 1 year’s R.I. | ||
| u/Sec. 324/149 IPC | to undergo 1 year’s RI. | ||
| u/Sec. 325/149 IPC | to undergo 2 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 148 IPC | to undergo 2 years’ R.I. | ||
| 2 | Pokar Singh | ||
The court upheld certain convictions for murder and rape based on consistent eyewitness testimony and deemed others not liable due to a lack of direct involvement.
The court established that intent in inflicting fatal injuries was insufficient for murder under Section 302, leading to classification as culpable homicide under Section 304 IPC.
The court emphasized the necessity of direct evidence of participation in unlawful assembly and cautioned against assumptions of guilt based solely on group association.
The omission of proper charge framing under relevant IPC sections led to a failure of justice; retrial was ordered to address these deficiencies.
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.
The main legal point established in the judgment is the liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
The assembly of individuals armed with deadly weapons, with a common intent to commit violence, constitutes an unlawful assembly under IPC, leading to vicarious liability for all members.
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....
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