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ARUN KUMAR RAI, SUJIT NARAYAN PRASAD
Soma Bas Mahali @ Soma Bans Mahali Son of Shri Dago Bans Mahali – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
1. The instant appeal filed under Section 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction and order of sentence dated 28.11.1996 passed by the learned 1st Additional Judicial Commissioner, Khunti in Sessions Trial No.645/1994, whereby and whereunder, the appellants have been convicted for the offence punishable under Sections 302 and 149 of the Indian Penal Code and Appellant namely, Marki Bas Mahali @ Marki Bans Mahali, further convicted under Section 323 of the Indian Penal Code and all the appellants have been sentenced to undergo R.I. for life for the offence punishable under Sections 302 /149 of the Indian Penal Code and appellant, namely Marki Bas Mahali @ Marki Bans Mahali, have further been sentenced to undergo R.I. for three months for the offence under Section 323 of the Indian Penal Code.
Prosecution case
2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per the fardbayan of Jeetan Kumari (informant and daughter of the deceased), which reads as under:
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 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....
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 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 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.
(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....
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.
Conviction for murder upheld based on unlawful assembly doctrine; presence in assembly sufficient for accountability under Section 149 IPC.
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