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2024 Supreme(Online)(MP) 37215
HIGH COURT OF MADHYA PRADESH
G. S. AHLUWALIA, VISHAL MISHRA, JJ
Ram Kumar @ Ramku – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRA 1670/2010
A L Patel,Advocate General
The court clarified that mere participation in an unlawful assembly does not imply guilt for murder unless a shared intent to kill is established.
Headnote:(A) Criminal Procedure Code, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 147, 149, 294, 323, 302 - Conviction and sentencing of appellant for various offences including life imprisonment under Section 302/149 - The Supreme Court remanded the case back to High Court for reconsideration after the initial dismissal of the appeal due to absence of the appellant - The court found that the appellant was not the author of the fatal injury and did not share the common object to kill the deceased, leading to acquittal under Section 302/149 while affirming convictions under other sections. (Paras 1, 35, 36)
(B) Unlawful Assembly - Common Object - The court emphasized that the common object of an unlawful assembly can be inferred from the conduct of its members and that mere presence in an assembly does not imply guilt unless the common object is established. (Paras 30, 35)
Facts of the case:
The appellant was convicted for involvement in the murder of Manraman, where he was part of a group that assaulted the deceased. The prosecution alleged that the appellant participated in the assault, but the fatal act of strangulation was attributed to a co-accused.
Findings of Court:
The court concluded that while the appellant was guilty of lesser offences, he did not share the intent to kill, leading to his acquittal for murder.
Issues: The main issues were whether the appellant shared the common object to kill the deceased and whether he was guilty of the charges under Section 302/149.
Ratio Decidendi: The court ruled that the appellant's actions did not demonstrate a shared intent to kill, and the fatal act was an independent action by another accused.
Result: The appeal was allowed to the extent of acquitting the appellant of the murder charge while affirming convictions for lesser offences.
JUDGMENT
Per: Justice G.S. Ahluwalia This Criminal Appeal under Section 374(2) of Cr.P.C. has been filed against the Judgment and Sentence dated 19-8-2010 passed by Add. Judge, Katni to the Court of Additional Sessions Judge, Katni in S.T. No.172 of 2009, by which the appellant has been convicted and sentenced for the following offences :
| S.No. Convicted | under Section | Sentence |
| 1 | 147 of IPC | 1 year R.I. |
| 2 | 452/149 of IPC | 1 year R.I. and fine of Rs.100/- in default 1 month R.I. |
| 3 | 323/149 of IPC | 1 month R.I. |
| 4 | 302/149 of IPC | Life Imprisonment and fine of Rs.500/- in default 2 months R.I. |
Signature Not Verified
Signed by: ARUN KUMAR
5 294 of IPC 1 month R.I.
All sentences to run concurrently.
2. It is not out of place to mention here that by impugned Judgment and Sentence passed by the Trial Court, the appellant as well as co- accused Shiv Kumar were convicted who preferred two separate appeals. The present appeal is the appeal filed by Ram Kumar whereas Shiv Kumar preferred Cr.A. No.2335/2010. Co-ordinate bench of this Court by Judgment dated 14-9-2018 dismissed the appeals filed by the appellant Ram Kumar and co-accused Shiv Kumar.
3. Being aggrieved by dismissal of appeal, although Ram Kumar preferred Cr.A. No.424/2022 before Supreme Court, but the co-accused Shiv Kumar did not challenge the dismissal of his appeal. The appeal filed by appellant was allowed by Supreme Court by order dated 14-3-2022 on the ground that the appeal was dismissed in the absence of appellant-Ram Kumar and his Counsel and accordingly, remanded back to the High Court. Accordingly, this appeal has been listed after remand by the Supreme Court.
4. It is also not out of place to mention here that co-accused Sai Lal, Awdhesh Patel, Rakesh Patel, Rajendra Patel, Pramod @ Bholi and Omkar Patel were arrested subsequently. They were tried subsequently, and by Judgment and Sentence dated 30-1-2020 passed by IVth A.S.J., Katni in S.T. No.172 of 2009, they have also been convicted. The co-accused persons have filed Cr.A. Nos.2874 of 2020 and 3171 of 2020. In the light of Judgment passed by Supreme Court in the case of A.T. Mydeen Vs. The Asstt. Commissioner, Customs Department, decided on 31/10/2021 passed in Cr.A. No.1306 of 2021, the evidence led in the trial of co- accused persons cannot be read in the present case, therefore, the appeals
Signature Not Verified Signed by: ARUN KUMAR
filed by co-accused persons which have been heard analogously, shall be decided separately.
5. According to the prosecution case, on 11-3-2009, Biharilal lodged an FIR alleging that he is the resident of village Kumharwara and is an agriculturist by profession. At 2:30 P.M, he was preparing fodder in his courtyard situated in front of the house of his uncle Manraman Patel. Manraman Patel was sitting outside his house. At that time, co-accused Shiv Kumar Patel came. Manraman Patel scolded him as to why he is creating ruckus through Sai Lal Patel and Awdhesh Patel (In the FIR, exact abusive words have been used). In reply, Shiv Kumar responded that he would throw him on the ground. This witness pacified the situation and accordingly, Shiv Kumar went back and this witness also took Manraman inside his house. After some time, Shiv Kumar Patel, his son Pramod @ Bholi, Ram Kumar Patel, his son Rajendra and Rakesh, Awdhesh Patel, Omkar Patel and Sai Lal Patel came there. Thereafter Omkar Patel instigated Shiv Kumar to drag the deceased out of his house and accordingly, Shiv Kumar, Rakesh, Pramod, Rajendra and Ram Kumar Patel, entered inside the house of Manraman and dragged him out. Shiv Kumar Patel, Rakesh, Pramod, Rajendra, and Ram Kumar Patel, started assaulting Manraman by fists. During this assault, Omkar Patel, and Sai Lal Patel, were abusing Manraman and were instigating that he should be killed and they will handle the situation. Thereafter, Shiv Kumar strangulated Manraman with the help of the shirt of the deceased. Awdhesh Patel twisted the hand of Manraman. At that time, Phoolwati and Mohwati also reach
