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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, CHAWAN PRAKASH
Achhaibarrs – Appellant
Versus
State of U.P. – Respondent
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 por
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 individu....
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 court ruled that evidence from interested witnesses is credible if consistent and supported by circumstances, necessitating careful evaluation of roles in unlawful assemblies under IPC.
In cases of unlawful assembly leading to murder, all involved members can be held vicariously liable, and eyewitness testimonies must be credible even if witnesses are related to the victim.
The appellate court can set aside a trial court's finding of acquittal if it finds that the finding is perverse and against the weight of evidence.
Presence in an unlawful assembly suffices for liability, affirming that minor discrepancies in testimonies do not negate the prosecution's case.
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