When a concerted attack is carried out by an unlawful assembly, every member is vicariously liable for the offence committed in prosecution of the common object. Individual attribution of a fatal injury is unnecessary, and the lack of such identification does not permit an appellate court to reduce the conviction.

Headnote:(A) Indian Penal Code, 1860 - Sections 149, 302, 304 Part II, 323, 325 - Unlawful assembly - Vicarious liability - Culpable homicide vs murder - Reduction of conviction - An appellate court cannot alter a conviction for murder to culpable homicide not amounting to murder simply because the specific assailant who inflicted the fatal blow remains unidentified, provided the existence of an unlawful assembly with a common object is proved. (Paras 66, 67, 69-70)

(B) Appeals - Scope of interference - Appellate courts should not substitute their view for that of the trial court unless the decision reached is perverse, illegal, or lacks proper evidentiary support. (Paras 58, 70)

(C) Evidence - Admissibility of post-mortem reports - If the genuineness of a post-mortem report is admitted by the defence, the failure to examine the medical professional who conducted the examination does not create a material infirmity, as the report is substantive evidence. (Paras 63, 64)

Facts of the case:
The victim succumbed to injuries after being involved in an assault by a group of people who had obstructed a public passage. The trial court convicted the accused for murder and related offences, relying on ocular evidence and medical reports. On appeal, the lower appellate court maintained the convictions for minor offences but altered the primary conviction from murder to culpable homicide not amounting to murder, reasoning that the prosecution failed to attribute the fatal injury to a specific individual.

Findings of Court:
The court found that the assault was premeditated and concerted, involving multiple blows to vital parts of the body. The evidence of common object and unlawful assembly was consistent. The reasoning applied by the appellate court to tone down the offence was self-contradictory and contrary to the principles of vicarious liability.

Issues: The primary issue was whether the conviction could be altered to a lesser offence simply due to the inability to identify the specific assailant who delivered the fatal blow, and whether the evidence sufficiently supported the charge of murder read with the provision for vicarious liability.

Ratio Decidendi: Under the principle of vicarious liability, individual attribution for a fatal injury is not a prerequisite where an unlawful assembly acts in prosecution of a common object. Once the common object is established, all members remain liable for the offence committed in furtherance of that object.

Result: Appeals allowed; original trial court conviction restored.

Judgement Key Points

Key Points: - The death of Bhaggu @ Bhag Chand was homicidal and Connected to 29 injuries on the body, including head injuries; post-mortem confirms death due to head injury leading to coma (!) (!) (!) (!) . - The High Court toned down the conviction from 302/149 IPC to 304 Part II/149 IPC, which the Supreme Court reversed, restoring the life sentence; held that the case falls under Clause (3) of Section 300 IPC (intention to cause death or injury sufficient to cause death) rather than mere culpable homicide not amounting to murder (!) (!) (!) (!) (!) . - Section 149 IPC creates vicarious liability for members of an unlawful assembly for acts done in pursuance of the common object; however, its application does not absolve determining individual intent where possible; the Court reaffirmed that liability can attach even if the specific killer cannot be identified, but in this case, the Court found misapplication by the High Court in altering the conviction (!) (!) (!) (!) (!) . - The proper framework for distinguishing murder from culpable homicide not amounting to murder involves a structured three-stage approach: establish homicide, assess culpable homicide under Section 299, and then determine if it fits within any Clause of Section 300; if not, consider Section 304 IPC; exceptions may revert to 299 IPC (!) (!) (!) . - The judgment emphasizes factors for determining intention in a mass-attack context: weapon, target area, number of blows, premeditation, motive (retaliation), and presence of unlawful assembly; the sequence of events shows deliberate obstruction and coordinated assault, supporting intent to cause death or injuries sufficient to cause death (!) (!) (!) (!) . - The doctor’s non-examination at trial does not invalidate post-mortem evidence when authenticity is not disputed; post-mortem report admitted and read as substantive evidence under CrPC 294(3) (!) (!) . - Appeals by de facto complainant and State were allowed; conviction restored; accuseds ordered to surrender; High Court judgment set aside (!) (!) .

How to determine whether a case involving an unlawful assembly results in murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC?

How to apply Section 149 IPC vicarious liability to members of an unlawful assembly when the fatal injury could not be individually attributed to a specific accused?

What is the correct interpretation of intention under Section 300 IPC (Clause (3)) in a scenario with multiple injuries and a common object of assault?

J U D G M E N T

1. Heard.

2. These appeals arise out of the common judgment and order dated 19th July, 2010, rendered by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, (1 Hereinafter, referred to as the “High Court”.) in Criminal Appeal Nos. 745 and 774 of 2006, whereby the High Court partly allowed the appeals preferred by the accused, namely, Roop Singh, Mukesh Gujar s/o Phool Singh, Pintu @ Jitendra Kumar, Ajju @ Ajay Singh, Baddu @ Badda, Vimal Rana, Dhanraj, Kehari Singh, Parath Singh, Meharban Singh, Phool Singh, Durjan Gujar, Paggal @ Bal Kishan, Bhagwan Gujar, Prakash Gujar, Mukesh Gujar s/o Rustom Gujar, Gudda @ Meharban, Malkhan Singh, Pappu @ Pushpendra Gujar.

3. The accused persons were put to trial before the learned Special Judge (Atrocities), Narsinghpur,, (2 Hereinafter, referred to as the “trial Court”.) in Special Case No. 51 of 2004. Upon conclusion of the trial, vide judgment and order dated 7th April, 2006, the accused were convicted for the offences punishable under Section 148 of the Indian Penal Code, (3 For short, ‘IPC’.) and Sections 323, 325, and 302 read with Section 149 IPC, and were sentenced in the terms set out below: -

Sections	Sentence	Penalty/Fine	Sentence in default of payment fine
Section 148 IPC	Two Years RI	Rs.1,000/-	Two months RI
Section 323 r/w 149 IPC	One Year RI	Rs.500/-	One month RI
Section 325 r/w 149 IPC	Two Years RI	Rs.1,000/-	Two months RI
Section 302 r/w 149 IPC	Rigorous Imprisonment for Life.	Rs.2,000/-	Four months RI

4. In appeal, the High Court, vide the impugned judgment, toned down the conviction recorded for the offence punishable under Section 302 read with Section 149 IPC and altered the same to that punishable under Section 304 Part II read with Section 149 IPC, holding that the case would fall within the ambit of culpable homicide not amounting to murder. The convictions and sentences recorded by the trial Court for the offences punishable under Sections 148, 323 read with 149 IPC, and 325 read with 149 IPC were, however, maintained.

5. Consequent upon the toning down of the offence from one punishable under Section 302 IPC, the sentence of life imprisonment imposed by the trial Court was set aside and the accused persons were sentenced to undergo rigorous imprisonment for a period of six years along with fine of Rs.5,000/- each, and in default whereof, to further undergo rigorous imprisonment for one year for the offence punishable under Section 304 Part II read with Section 149 IPC.

Factual Background

6. Succinctly stated, the facts germane for adjudication of the present appeals are set out hereinbelow.

7. A Dehati Nalishi (Exh.P/2) was lodged by the informant Late Shri Sitaram Kuchhbedia (PW-1), (4 Hereinafter, referred to as the “informant-appellant”. The informant-appellant has since expired and stands substituted through his legal heir Shri Dhanraj Gangapri (vide Interlocutory Application No.185690 of 2025).), on 11th July, 2003 at about 9:00 p.m. at the Government Hospital, Gadarwada, to Shri B.K. Pathak (PW-11), SHO, Police Station Paloha Bada.

8. It was inter alia alleged in the Dehati Nalishi (Exh.P/8), that at about 08:00 p.m. on the same day, while he was at Gadarwada, the informant-appellant received information that his brother Bhaggu @ Bhag Chand, who had gone to Bhatera Ghat for bathing in the river Narmada and was returning in a Jeep, had been assaulted by persons belonging to the Gujar community of village Khairi. Upon receiving this information, the informant-appellant immediately proceeded towards the place of occurrence in his Sumo vehicle along with Kanchan (driver), Sanju Chouksey, and Ganesh Yadav. On the way, near the agricultural field of Ekant Jain, he noticed a mini bus belonging to Banti Dube, in which the Bhaggu @ Bhag Chand was being taken to Gadarwada. Gudda Maharaj and Guddu Patel, were also present in the vehicle and both were injured. The informant-appellant boarded the bus and accompanied his brothe

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2026 Supreme(Online)(SC) 1464

IN THE SUPREME COURT OF INDIA 2026 INSC 178 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1837-38 OF 2011 SITARAM KUCHHBEDIA ….APPELLANT(S)VERSUSVIMAL RANA AND OTHERS ….RESPONDENT(S) WITHCRIMINAL APPEAL NO(S). 1835-36 OF 2011 Mehta, J.

How to determine whether a case involving an unlawful assembly results in murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC?

How to apply Section 149 IPC vicarious liability to members of an unlawful assembly when the fatal injury could not be individually attributed to a specific accused?

What is the correct interpretation of intention under Section 300 IPC (Clause (3)) in a scenario with multiple injuries and a common object of assault?

Cases Referred (7)

IN THE SUPREME COURT OF INDIA

2026 INSC 178

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 1837-38 OF 2011

SITARAM KUCHHBEDIA ….APPELLANT(S)
VERSUS
VIMAL RANA AND OTHERS ….RESPONDENT(S)

WITH
CRIMINAL APPEAL NO(S). 1835-36 OF 2011

Mehta, J.