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2024 Supreme(Online)(MP) 37812
HIGH COURT OF MADHYA PRADESH
G.S. AHLUWALIA, VISHAL MISHRA, JJ
Munna – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRA 1856/2010
L.C.Chourasiya,Advocate General
The court affirmed the convictions under Section 149 IPC, establishing that the appellants formed an unlawful assembly with a common object to commit murder, supported by credible eyewitness testimony.
Headnote:(A) Indian Penal Code, 1860 - Sections 147, 148, 149, 302, 307, 323, 435 - Conviction and sentencing of appellants for murder and related offences - Appellants acquitted of some charges but convicted under Section 302/149 IPC - Prosecution established that the appellants formed an unlawful assembly with a common object to commit murder - Eyewitness accounts corroborated by medical evidence - Convictions affirmed. (Paras 41, 42, 45)
(B) Unlawful Assembly - Definition and implications under Section 149 IPC - Mere membership of an unlawful assembly can lead to liability for actions taken by the assembly if the common object is established - The prosecution must prove the common object and the awareness of the members regarding the offences likely to be committed. (Paras 38, 39)
Facts of the case:
The incident occurred on 13.08.2006, where the deceased Ramswaroop and his family were attacked by the accused, resulting in injuries and the death of Ramswaroop. The accused were armed and set the vehicle on fire. (Paras 5, 6)
Findings of Court:
The court found the prosecution's evidence credible, establishing the guilt of the appellants beyond reasonable doubt, while one accused was acquitted due to lack of evidence against him. (Paras 41, 42)
Issues: The main issues included the establishment of the common object of the unlawful assembly and the credibility of eyewitness testimonies. (Paras 38, 41)
Ratio Decidendi: The court ruled that the evidence of eyewitnesses, including the deceased's statement, was consistent and credible, supporting the prosecution's case. The common object of the assembly was established, justifying the convictions under Section 149 IPC. (Paras 41, 42)
Result: Appeals dismissed; convictions and sentences affirmed. (Paras 45, 46)
| Table of Content |
|---|
| 1. incident details and fir (Para 5) |
| 2. trial and evidence collection (Para 6) |
| 3. charges and trial proceedings (Para 7 , 8 , 9) |
| 4. defense arguments on conviction (Para 10 , 11 , 12 , 14) |
| 5. prosecution's rebuttal (Para 13) |
| 6. witness credibility and evidence (Para 15 , 16 , 17) |
| 7. homicidal nature of death (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 8. common object and assembly (Para 37 , 38 , 39 , 40) |
| 9. affirmation of convictions (Para 41 , 42 , 43 , 44) |
| 10. dismissal of appeals (Para 45 , 46 , 47 , 48) |
JUDGMENT
Per Vishal Mishra, J.
These appeals are interlinked as preferred against the judgment of conviction and order of sentence dated 31.08.2010 passed by the Additional Judge to the Court of Additional Sessions Judge, Naugaon District Chhatarpur (M.P.) in Sessions Trial No.51 of 2007, whereby the appellants though acquitted of the charge under Sections 147 and 307/149 of IPC, were convicted and sentenced as under with the direction that the jail sentences shall run concurrently :
| CRA No. and Name of appellant(s) | Convicted under Section | Sentenced to |
| CRA No.1753 of 2010 1. Amit Kumar 2. Babbu @ Babulal | 302/149 of IPC | undergo R.I. for Life and to pay fine of Rs.1000/- and in default, to suffer R.I. for 6 months. |
| 148, 323/149, 435/149 of IPC | undergo R.I. for 1 year, 6 months and 2 years respectively | |
| CRA No.1856 of 2010 1. Munna 2. Bhaiyan @ Jairam | 302/149 of IPC | undergo R.I. for Life and to pay fine of Rs.1000/- and in default, to suffer R.I. for 6 months. |
| 148, 323/149, 435/149 of IPC | undergo R.I. for 1 year, 6 months and 2 years respectively |
2. Since these appeals arise out of the impugned judgment of conviction dated 31.08.2010 in S.T. No.51 of 2007, they are heard analogously and are being decided by this common judgment.
3. Be it noted that during trial, three accused namely Manpyare, Raghuvir and Pappu Yadav expired and the trial against them stood abated, which finds mention in paragraph 7 of the impugned judgment. One of the accused namely Virendra has been acquitted of all the charges vide impugned judgment and no appeal has been filed by the State or the complainant against his acquittal.
4. It is relevant to note that vide order dated 25.07.2022, appeal qua the appellant No.2 – Bhaiyan @ Jairam in CRA No.1856 of 2010 was dismissed as withdrawn. Therefore, arguments heard on the merits of the prayer made on behalf of the appellants No.1 and 2 namely Amit Kumar & Bablu @ Babulal in CRA No.1753 of 2010 and appellant No.1 – Munna in CRA No.1856 of 2010.
5. As per the prosecution story, the incident has taken place on 13.08.2006 at about 4 p.m. when Ramswaroop Chaturvedi (since deceased) along with his family members were returning after doing darshan at Mauranipur in a jeep bearing Registration No.MP-16-T- 0421. Their vehicle was stopped at Pahadi Bandha Toll Tax Barrier by the accused persons who were armed with guns, axe, pharsa and lathis. They inflicted injuries to Ramswaroop and others namely Manvendra Singh, Krishna Devi, Jaswant Singh and Rajendra Kumar. After causing injuries, the accused by pouring petrol set the jeep on fire. The incident was reported to the police authorities by complainant Jaswant Singh (PW3). On the basis of the said complaint, initially the FIR (Ex.P/8) was got registered for the offence under Sections 147, 148, 149, 307 and 435 of IPC at Police Station Alipura District Chhatarpur. The injured persons were sent for medical examinations. Ramswaroop succumbed to the injuries thus sustained, therefore, the merg information was sent vide Ex.P/24 and on the basis whereof, the offence under Section 302 of IPC was enhanced. The investigation was set in motion.
6. During the course of the investigation, the spot map (Ex.P/1) was prepared, ordinary as well as bloodstained soil was collected, two motorcycles and brunt jeep were seized. Nuksani-Panchanama was prepared in terms of Ex.P/3. Statement of Ramswaroop (since deceased) was recorded under Section 1
