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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Shabihul Hasnain, Raghvendra Kumar, JJ.
Mohd Aslam Alias Aslam and Others – Appellants
Vs.
State – Respondent
Criminal Appeal No. 711 of 1981
Decided On : 30-03-2018
Section 301 IPC: Culpable homicide by causing death of a person other than the intended victim. Section 149 IPC: Every member of an unlawful assembly guilty of an offence committed in prosecution of the common object. Section 324 IPC: Voluntarily causing hurt by dangerous weapons or means.
Fact of the Case:
The appellants were convicted under various sections of the Indian Penal Code (IPC) for their involvement in a student group clash that resulted in the death of a person. The main argument raised by the appellant was that the fatal blow was caused by another accused, not by the appellant. The court analyzed the applicability of Section 301 IPC (culpable homicide by causing death of a person other than the intended victim) and Section 149 IPC (offence committed by a member of an unlawful assembly). The court concluded that the appellant did not cause the fatal injury and that there was no common object to kill the deceased. The court modified the appellant's conviction to Section 324 IPC (voluntarily causing hurt by dangerous weapons or means) and sentenced him to two years' imprisonment. The court also modified the conviction of another appellant and declared one appellant as a juvenile.
Finding of the Court:
The court analyzed the provisions of Section 301 IPC and Section 149 IPC to determine the culpability of the appellants. It referred to various precedents and case laws to establish the elements required for the application of these sections. The court concluded that the appellant did not cause the fatal injury and that there was no common object to kill the deceased. Therefore, the court modified the appellant's conviction to a lesser offence under Section 324 IPC.
Ratio Decidendi: The court held that for the application of Section 149 IPC, there must be an unlawful assembly, commission of an offence by a member of the assembly, and the offence must have been committed in prosecution of the common object. The court found that the knowledge of the likelihood of a particular offence being committed in prosecution of the common object was missing in this case. Therefore, the court modified the appellant's conviction to a lesser offence under Section 324 IPC.
Result: The court modified the appellant's conviction to Section 324 IPC and sentenced him to two years' imprisonment. The conviction of another appellant was also modified, and one appellant, who was declared a juvenile, was sentenced to a fine. The appeal of a deceased appellant was abated. The record was remitted back to the trial court for necessary compliance.
Shabihul Hasnain, J.
This criminal appeal has been filed against the judgment and order dated 30.9.1981, passed by Ist Additional Sessions Judge, Sultanpur, in Sessions Trail No.111 of 1980, convicting all the appellants under Section 302/149 IPC, 324/149 IPC and sentencing each of them to undergo life imprisonment under the first count, to two years' R.I., under the second count, further convicting appellants No.1 and 3 under Section 148 I.P.C., appellants No.2 and 4 under Section 147 IPC and awarding a sentence of 2 years' R.I. under Section 148 IPC and one year's R.I. under Section 147 I.P.C.. All sentences were ordered to run concurrently.
2. The prosecution story, in brief, is that Shri Bhagwan Tripathi, the younger brother of Om Prakash Tripathi and Lalchan Tripathi, younger brother of Harish Chandra Tripathi were studying in class XII in Madhusudan Vidyalaya Inter College, Sultanpur. Both these boys were not attending the classes of Commercial Mathematics which was being taught by one Sri Rameshwar Prasad. The Principal of the College Sri Shobhnath Tripathi had summoned Harish Chandra Tripathi and Om Prakash Tripathi through Satya Prakash Tripathi to inform them about the conduct of their younger brothers Satya Prakash Tripathi informed Om Prakash Tripathi about it. Om Prakash Tripathi along with Harish Chandra Tripathi reached at the office of the Principal at about 11.15 A.M. on 11.8.1979. The Principal informed them that their brothers are not attending the class of Master Rameshwar Prasad. Both the brothers were called and were told to regularly attend the classes held by Master Rameshwar Prasad. The two boys also apologized. Both Om Prakash Tripathi and Harish Chandra Tripathi came out of the Principal's office at 11.45 A.M. They saw accused Mohd. Ayub and Mohd. Aslam armed with knives, accused Jaggannath Gareriya resident of Ahrauli, Police Station Gosainganj and Fajley armed with Hockey along with 5-6 unknown pe3rsons who were also armed with lathis, and dandas. All these accused persons proceeded towards Harish Chandra and Om Prakash after saying that these persons are doing goondai at Kamla Nehru Institute and they have been luckily spotted and he got spared and be done to death. All these accused started assaulting by lathi, danda and knives. At the same time Harish Chandra Dubey and Jitendra Singh also reached there and intervened. All the assailants started bearing Harish Chandra Dubey and Jitendra Singh. ON alarms being raised by them Shailendra, Rajendra Singh, teachers of the school and students intervened. Om Prakash Tripathi, harish Chandra Tripathi, Harish Chandra Dubey and Jitendera received injuries caused by lathi, hockey and knives. Harish Chandra Dubey received grievous injuries and he fell down. Haris Chandra Dubey was put on a rickshaw but died before he could reach the hospital. Dead body of Harish Chandra Dubey reached the hospital at about 12.30 in the noon. Injuries of the injured persons were examined and a report of the occurrence (Ex. Ka-1) was lodged by Om Prakash Tripathi at the police station Kotwali on the same day at 14.50 hours. Investigation of the case started. Dead body of Harish Chandra Dubey was inspected and taken into police possession. It was sent for post mortem examination. Post mortem was done by Dr. C. K. Gupta on 11.8.1979 at 4.40 p.m. and he found the following facts:-
3. Deceased was aged about 27 years and about 1/4th day had elapsed since the time of death. He was of average built. Rigor mortis was present in upper as well as in lower limbs. No foul smell or distension. Post mortem stains present over the back in patches.
4. The doctor found following ante mortem injuries on the body of the deceased:-
1. Stab wound - 2.5 x 0.8 cm x cavity deep x vertical on the left side of chest 1.0 c.m. Away from the right the nipple margins of the wound were clean out, averted slightly edges clear, direction of the wound inwards obliquely downwards towards the left.
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