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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.AHLUWALIA, VISHAL MISHRA
Sai Lal Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
G.S. AHLUWALIA, J.
1. By this common Judgment, Cr. Appeal No. 2874 of 2020 filed by Sai Lal Patel, Awdhesh Patel, Rakesh @ Tidku Patel, Rajendra @ Chiju Patel and Pramod @ Bholi Patel and Cr. Appeal No. 3171 of 2020 filed by Omkar Prasad Patel shall be decided.
2. It is not out of place to mention here that initially the co-accused Ram Kumar Patel and Shiv Kumar Patel were tried and the remaining co-accused persons, who are appellants in Cr. Appeal Nos. 2874 of 2020 and 3171 of 2020 were absconding.
3. Ram Kumar Patel and Shiv Kumar Patel were convicted for offence under Sections 147 , 452/149, 294, 323/149, 302/149 of IPC by Judgment and Sentence dated 19-8-2010 passed by Add. Judge to the Court of Add. Sessions Judge, Katni in S.T. No. 172 of 2009. Against their conviction, Ram Kumar preferred Cr. Appeal No. 1670/2010 and Shiv Kumar preferred Cr. Appeal No. 2335/2010. Both the Criminal Appeals were dismissed by co-ordinate bench of this Court by Judgment dated 14-9-2018.
4. Being aggrieved by dismissal of appeal, Ram Kumar preferred Cr. Appeal No. 424/2022, which was allowed by Supreme Court by order dated 14-3-2022 on the ground that the appeal was dismissed in the absence
The unlawful assembly's common object did not support the charge of murder; liability under Section 149 requires proof of foresight for the act committed, demonstrated through individual roles during....
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.
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.
Conviction for murder upheld based on unlawful assembly doctrine; presence in assembly sufficient for accountability under Section 149 IPC.
The main legal point established in the judgment is the application of Section 149 IPC to determine the common object of the unlawful assembly and the vicarious liability of the accused, as well as t....
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