CHAITU GOWALA AND ANOTHER versus THE STATE OF ASSAM

CHAITU GOWALA AND ANOTHER versus THE STATE OF ASSAM

In absence of concrete evidence that the appellants attacked or caused any injury to the deceased or instigated the labourers, and in absence of evidence as to what was uttered by the appellants in their own language, the conviction of the appellants under Section 302 IPC with the aid of Section 149 IPC is unsustainable; therefore the appellants must be acquitted and the impugned judgments quashed and set aside.

Parties
Appellant: Chaitu Gowala; Appellant: Ajay Ahari; Respondent: State of Assam
Jurisdiction
India
Judgment Date
07 September 2022
Procedural Posture
Criminal Appeal / Final Hearing and Judgment by the Supreme Court on Appeal Against Conviction From Gauhati High Court
Outcome
Appeal allowed in favour of appellants; convictions of the appellants quashed and set aside and appellants acquitted and directed to be released if not required in any other case.
Legal Topics
Murder, Section 149 IPC (common Object/foresight), Section 302 IPC (murder), Evaluation of Eyewitness Evidence, Conviction and Acquittal, Instigation/uttering Words to a Mob, Union Leadership Role in Mob Incidents
Criminal Law Murder Section 149 IPC (common Object/foresight) Section 302 IPC (murder) Evaluation of Eyewitness Evidence Conviction and Acquittal Instigation/uttering Words to a Mob Union Leadership Role in Mob Incidents

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Parties

Chaitu Gowala

Appellant

Ajay Ahari

Appellant

State of Assam

Respondent

Procedural Posture

Criminal Appeal / Final Hearing and Judgment by the Supreme Court on Appeal Against Conviction From Gauhati High Court

Legal Issues

  1. 1 Whether appellants participated in causing death of the deceased or caused any injury
  2. 2 Whether appellants could be convicted for offence under Section 302 IPC with the aid of Section 149 IPC in absence of evidence of instigation or participation
  3. 3 Whether statements allegedly made by appellants in their own language amounted to instigation or common intention under Section 149 IPC

Ratio Decidendi

In absence of concrete evidence that the appellants attacked or caused any injury to the deceased or instigated the labourers, and in absence of evidence as to what was uttered by the appellants in their own language, the conviction of the appellants under Section 302 IPC with the aid of Section 149 IPC is unsustainable; therefore the appellants must be acquitted and the impugned judgments quashed and set aside.

Court Disposition

Appeal allowed in favour of appellants; convictions of the appellants quashed and set aside and appellants acquitted and directed to be released if not required in any other case.

Orders

  • Impugned judgments of the High Court and trial Court qua appellants quashed and set aside.
  • Appellants Chaitu Gowala and Ajay Ahari are acquitted of the offences for which they were tried and convicted.