MAIN POINTS
When overt acts of accused persons and their common intention are established, they can be convicted with the aid of section 149 IPC.
Evidence of Mother, wife and sister of deceased persons cannot be brushed aside merely because they are related.
Minor discrepancies in evidence of witnesses are not fatal to prosecution case.
Law does not lay down that prosecution must examine all witnesses cited by it.

Headnote:(a) Indian Penal Code, 1860 – Section 149 – Common intention – Overt act – Eye witnesses categorically stating the overt acts of the appellants in killing the deceased persons – Their active role is established – No error in conviction. (Para 26, 27, 28)
       AIR 1965 SC 202; (2014) 5 SCC 753 – Relied upon
       AIR 1956 SC 181 – Referred
       (b) Criminal trial – Related witnesses – Eye witnesses – Mother, wife and sister of deceased persons – Their evidence cannot be brushed aside merely because they are related – Related witnesses are not necessarily interested witnesses – Evidence of such witnesses, if trustworthy, has to be relied upon. (Para 29, 30)
       (1976) 4 SCC 158; (2005) 9 SCC 195; (2007) 14 SCC 150 – Relied upon
       (c) Criminal trial – Discrepancies – Minor discrepancies in evidence of witnesses – Not fatal to prosecution case. (Para 32)
       (2002) 1 SCC 351 – Relied upon
       (d) Criminal trial – Examination of witnesses – Law does not lay down that prosecution must examine all witnesses cited by it. (Para 36)
       Facts of the case:
       In the village Bhaismudi in District Janjgir, there were two groups of villagers. One group consisted of deceased -Jawahar Singh, Bhupendra Singh and others whereas the other group consisted of the appellants herein and other accused. There were disputes between the two groups on account of Panchayat elections in the village and also several other reasons.
       In January 1995, the accused persons hatched up a conspiracy to eliminate Jawahar Singh and others. Accordingly, all accused persons with deadly weapons first went to the residence of Viki Singh near a place called Nawa Talab, and killed Viki Singh by severely beating him with the weapons which they had carried with them. The accused persons then proceeded towards the agriculture field of Jawahar Singh where they killed Jawahar Singh and his two sons -Bhupendra Singh and Shailendra Singh by severely beating them with the weapons, which they were carrying with them. Thereafter, the accused party proceeded to a place called -Holha Chowk of Bhaismudi and killed Kalicharan
       The trial Court acquitted eight accused and convicted the remaining 21 accused. All the convicted appellants were directed to undergo life imprisonment under Section 302 read with Sections 148 and 149.
       The High Court upheld the conviction of nine accused persons by dismissing their appeals and acquitted the remaining accused persons by allowing their appeals. One appeal was held abated due to death of accused.
       Finding of the Court:
       There is no error in fin dings of the courts below.
       Result:
       Appeals dismissed.

Judgment :

Abhay Manohar Sapre, J.

1. These appeals have been directed against the final common judgment dated 11.05.2007 passed by the High Court of Chhatisgarh at Bilaspur in Criminal Appeal Nos. 785, 866, 762, 868, 761, 853, 875, 970, 851, 873 and 842 of 2001, whereby the High Court upheld the conviction and sentence of the appellants herein under Section 302 read with Sections 149 and 148 of the Indian Penal Code, 1860 (in short “IPC”) which was awarded to them by the Sessions Court whereas the High Court allowed the Criminal Appeals of other accused and acquitted them of the charges by setting aside the judgment of the Sessions Court dated 12.07.2001 in Sessions Trial No. 342 of 1995 to that extent.

2. The concluding part of the impugned judgment of the High Court reads as under:

“In the result, the appeals filed by accused Raj Kumar Singh, Dhananjay, Rohit, Nirmal, Surjan, Santosh Singh, Gopal Das, Chhatram, Balchand and Devilal succeeds. Conviction and sentences imposed upon them under Sections 302 read with Sections 149 and 148 of the IPC are set aside. They are acquitted of the said charges.

a. Balchand, Devilal, Chhatram & Surjan are on bail. Their bail bonds are discharged and they need not surrender to their bail bonds.

b. Santosh Singh, Rohit, Gopal Das, Raj Kumar Singh, Nirmal and Dhananjay are in detention since 18-1-1995. They are directed to be released forthwith, if not required in any other case.

The appeal filed by accused Rameshwar Singh stands abated. The appeals filed by accused Kumar Singh, Nande Singh, Nand Kumar, Baran, Jaipal, Resham Lal, Guharam, Amritlal and Basant Das are dismissed. Conviction and sentences imposed upon them under Sections 302 read with Sections 149 and 148 of the IPC are maintained. Baran, Jaipal and Resham Lal are on bail. Their bail bonds are discharged and they are directed to surrender before the trial court forthwith to serve out the remaining sentence.”

3. The question that arises for consideration in these appeals is whether the High Court was justified in upholding the conviction and sentence of the present appellants.

4. In order to appreciate the issue involved in these appeals, it is necessary to state the prosecution case in brief infra.

5. In a village -Bhaismudi in District Janjgir, there were two groups of villagers. One group consisted of deceased -Jawahar Singh, Bhupendra Singh and others whereas the other group consisted of the appellants herein and other accused. There were disputes between the two groups on account of Panchayat elections in the village and also several other reasons.

6. In the intervening night of 16th & 17th January 1995, the accused persons convened a meeting and hatched up a conspiracy to eliminate Jawahar Singh and others. The accused persons accordingly formed an unlawful assembly with a common object to murder Viki Singh, Jawahar Singh, Bhupendra Singh, Shailendra Singh both sons of Jawahar Singh, and Kalicharan and in furtherance of this common object, all accused persons with deadly weapons (lathi, sword, ballam, Tabbals, iron roads) first went to the residence of Viki Singh near a place called Nawa Talab, and killed Viki Singh by severely beating him with the weapons which they had carried with them. The accused persons then proceeded towards the agriculture field of Jawahar Singh where they killed Jawahar Singh and his two sons -Bhupendra Singh and Shailendra Singh by severely beating them with the weapons, which they were carrying with them. Thereafter, the accused party proceeded to a place called -Holha Chowk of Bhaismudi and killed Kalicharan with the aid of same weapons.

7. Madhubala Bai (PW-1) reported this incident by lodging Dehati Nalishi (Ex-P-1) on the spot on 17.01.1995 around 3.00 P.M.

8. At this stage it is proper to reproduce the substance of the contents of Ex-P-1 herein below: -

“…….that she is resident of village Bhai

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2014 Supreme(SC) 784

Cases Referred (7)