The principle of vicarious liability under Section 149 IPC confirms that all members of an unlawful assembly are guilty of offenses committed in prosecution of a common object, regardless of individual participation in the act.

JUDGMENT :

CHAWAN PRAKASH, J.

1. This criminal appeal has been filed against a judgment dated 27.05.1987 and order dated 01.6.1987 passed by the learned Sessions Judge, Basti in ST No. 184 of 1985, under Sections 147, 148 and 302/149 IPC, police station Bakhira, district Basti, whereby the learned Sessions Judge convicted and sentenced all the appellants namely Achhaibar (Ram Achhaibar), Phoolman, Sanwarey, Rajendra and Ram Dass to imprisonment for life under Section 302 read with Section 149 IPC. Accused Achhaibar, Ram Dass, Phoolman and Sanwarey were further convicted under Section 147 IPC and sentenced to one year’s rigorous imprisonment, whereas accused Rajendra was convicted and sentenced to two years rigorous imprisonment under Section 148 IPC.

2. However, all the sentences were directed to run concurrently.

Brief Facts

3. The facts that formed the bedrock of the present appeal, in short compass, are that a written report was given by the first informant Smt. Murta, wife of Bideshi Kurmi, resident of village Gajauli at the police station Bakhira at 09:30 hrs on 07.04.1985 mentioning therein that in the previous night, her husband after taking meals slept in the Khalihan in his portion of the land (Chak). By the side of Chak, she also slept under a Chhappar. Her daughters were in her dwelling house in the village. Her Chak is adjacent to the west of Abadi. She and accused-Acchaibar resided in the same house on separate portion on account of private partition. Accused-Rajendra, son of Ram Dass alias Lalla resided in the adjacent house. The FIR further alleges that Chhappar of her house was pulled down for being repaired and replaced. At that time, there had been some altercations between her husband on one side and Acchaibar and his two sons Sanwarey and Phoolman on the other. Supporting the accused persons, Rajendra and his father Lalla also came there, abused and threatened her husband of dire consequences. Today at about 03:00-03:30 AM all the aforementioned accused persons came to her husband at Khalihan and started assaulting him by lathi and knife. On the painful cries of her husband, she woke up, rushed to the spot and raised an alarm for rescue. Naresh, son of Banshraj and Ram Shankar, son of Ganga , who were in the nearby field and Khalihan and some other persons of the village reached the spot. On arrival and challenged by the witnesses, the accused persons left the place abusing and extending threats. Accused-Rajendra was armed with knife whereas accused-Achhaibar, Sanwarey, Phoolman and Ram Dass were armed with lathis. Due to fear, they could be chased and they managed to escape. The accused were seen and recognized by the witnesses in the moonlit night. Leaving the dead body on the spot, she submitted written report at the police station Ext.Ka-2.

4. On the basis of the aforesaid report, a case was registered at case crime No. 57 of 1985, under sections 147, 148, 149 and 302 IPC, police station Bakhira, district Basti, Ext. Ka-3, which was entered in GD vide report No. 12 at 09:30 hours by Head Moharrir PW-5, Ram Jatan Chaudhary.

5. After the registration of the first information report, the law set into motion and investigation of the case was entrusted to PW-8, SI Vijai Pratap Singh. He reached the place of occurrence at 11:05 AM and found the dead body of Bideshi (hereinafter referred to as ‘the deceased) lying in his Chak in village Gajauli towards west. In that Chak a portion of the land w