Vicarious liability of all members of an unlawful assembly for the commission of a fatal assault.

JUDGMENT :

SURESHWAR THAKUR, J.

1. Since both the above appeals arise from a common verdict of conviction, and, consequent thereto sentence(s), as, made by the learned trial Judge concerned, thus both are amenable for a common verdict being made thereons.

2. The learned Additional Sessions Judge, Palwal, through a verdict drawn on 6.9.2018, upon case bearing No. 08 of 2016, thus recorded a finding of conviction against appellants-accused Subedeen, Farukh, and Farmuddin @ Fammu, for the commission of offences punishable under Sections 354-A, 302 read with Section 34 of the IPC. However, appellant-accused Samina was convicted for the commission of an offence under Section 302/34 of the IPC. In addition, the other co-accused, namely, Aslam, Hakmuddin and Sakmuddin were acquitted of the charges framed against them. Moreover, through a separate sentencing order drawn on 12.9.2018, the learned trial Judge concerned, sentenced all the convicts-appellants to undergo rigorous imprisonment for life, for a charge drawn for an offence punishable under Section 302 of the IPC, besides also imposed, upon the convicts sentence of fine, comprised in a sum of Rs. 25,000/- each. In default of payment of fine amount, the learned convicting Court sentenced the convicts to undergo rigorous imprisonment for a period of one year. Moreover, the learned convicting Court also sentenced convicts-appellants Subedeen, Farukh and Farmuddin @ Fammu to undergo rigorous imprisonment for a period of six months, for a charge drawn for an offence punishable under Section 354-A of the IPC, and, also imposed, upon them the sentence of fine, as comprised in a sum of Rs. 500/- each, besides in default of payment of fine amount, it sentenced the convicts (supra) to undergo rigorous imprisonment for a period of 15 days. It was also ordered that on payment of the entire fine amount, the same shall be paid, as compensation to the legal representatives of deceased Rizwan.

3. However, the period of detention, as, undergone by the convicts, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off, from the above imposed sentence(s) of imprisonment.

4. All the convicts being aggrieved from the above made verdict of conviction, and, also becoming aggrieved from the consequent thereto sentence(s) of imprisonment, as well as of fine, as became imposed, upon them, thus become led to institute thereagainst CRA-D-1028-DB-2018 and CRA-D-1964-DB-2018, before this Court.

Factual Background

5. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex. P-22 is assigned. The narrations carried in Ex. P- 22, are that on 13.9.2016, the police party led by Inspector Deep Chand (PW-14) was present at Jayanti Crossing, Hathin on patrol duty. PW-14 was informed about a quarrel taking place at village Lakhnaka culminating into death of a person. PW-14 accompanied by Ct. Rakesh, ASI Banwari Lal and Ct. Krishan Lal went to village Lakhnaka where complainant Kasim met him and present his application Ex. P1. It has been alleged in the said application that on 13.09.2016 at about 04.30 pm, complainant Kasim along with his brothers Rizwan, since deceased, Lukman and cousin Sahun, was present at his field situated in village Lakhnaka. Meanwhile, Mohd. Shakeel with her niece victim (name is withheld) appeared there riding a motor-bike for collecting millet (jawar), as the complainant party had sold millet to him. There is a tree of Neem standing in the agriculture land of village Sarpanch. He further disclosed to the police that 6/7 boys of village Jallalpur were playing cards under Neem tree. They passed lewd and sexually explicit comments against the victim, to which Mohd. Shakeel protested. Hearing the commotion, the complainant along with his brothers appeared at the spot and asked the boys to maintain the discipline. The boys became infuriated. They told the complainant party to teach them a lesson or two. In