BHAJAN SINGH & ORS. versus STATE OF U.P.

BHAJAN SINGH & ORS. versus STATE OF U.P.

The evidence demonstrated that all five accused were members of an unlawful assembly armed with deadly weapons with the common object to kill Bakhsheesh Singh. Even if their original intent was only to beat, the subsequent actions were the direct execution of their common object, resulting in murder. Thus, all are guilty under section 302/149 IPC.

Parties
Appellant: Bhajan Singh; Appellant: Chain Singh; Appellant: Jagat Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
09 April 1974
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated the 29th August, 1969 of the Allahabad High Court in Criminal Appeal No. 568 of 1967
Outcome
Appeal dismissed; conviction and sentence of life imprisonment under section 302/149 IPC affirmed. Conviction under section 147 IPC set aside.
Legal Topics
Unlawful Assembly, Common Object, Murder, Section 302/149 IPC, Scope of Section 149 IPC, Article 136 Constitutional Power
Criminal Law Unlawful Assembly Common Object Murder Section 302/149 IPC Scope of Section 149 IPC Article 136 Constitutional Power

Case Brief

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Parties

Bhajan Singh

Appellant

Chain Singh

Appellant

Jagat Singh

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated the 29th August, 1969 of the Allahabad High Court in Criminal Appeal No. 568 of 1967

Legal Issues

  1. 1 Whether the accused could be convicted under section 302/149 IPC based on the facts established
  2. 2 Whether the common object of the assembly was to kill Bakhsheesh Singh or only to beat him
  3. 3 Whether interference under Article 136 is warranted

Ratio Decidendi

The evidence demonstrated that all five accused were members of an unlawful assembly armed with deadly weapons with the common object to kill Bakhsheesh Singh. Even if their original intent was only to beat, the subsequent actions were the direct execution of their common object, resulting in murder. Thus, all are guilty under section 302/149 IPC.

Court Disposition

Appeal dismissed; conviction and sentence of life imprisonment under section 302/149 IPC affirmed. Conviction under section 147 IPC set aside.

Orders

  • Conviction of Bhajan Singh, Chain Singh, and Jagat Singh under section 147 IPC set aside.
  • Conviction and sentence of all accused under section 302/149 IPC and life imprisonment on each affirmed.