Search Results Page

Search Results

1 - 10 of 12 (0.63 seconds)
Bhajan Singh & Ors vs State Of U.P on 9 April, 1974 cites

K.C. Mathew And Others vs The State Of Travancore-Cochin on 15 December, 1955

Section 149 I.P.C. constitutes, per se a substantive offence although the punishment is under the section to which it is tagged being committed by the principal offender in the unlawful assembly, known or unknown. Even assuming that the unlawful assembly was formed originally only to beat, it is clearly established in the evidence that the said object is well-knit with what followed as the dangerous finale of, call it, the beating. This is not a case where something foreign or unknown to the object has taken place all of a sudden. It is the execution of the same common object which assumed the fearful character implicit in the illegal action undertaken by the five accused. (See also K. C. Mathew and Others v. The State of Travancore-Cochin(1). Since all the accused are convicted under section 302/149 I.P.C. there is no further necessity, in the circumstances of this case, for their separate conviction under section 147 and 148 of the Indian Penal Code. Conviction and sentence of Bhajan Singh, Chain Singh and Jagat Singh under section 147 I.P.C. set aside. The conviction of all accused under section 302/149 I.P.C. and their sentence of life imprisonment on each of them are affirmed. The appeal is dismissed subject to the above modification. We may conclude by observing that this murder case has resulted in conviction in spite of the police at the instance of a private complainant who made serious allegations in court against the investigating agency. V.P.S. Appeal dismissed.
Supreme Court of India Cites 8 - Cited by 61 - V Bose - Full Document
1   2 Next