DEV KARAN @ LAMBU versus STATE OF HARYANA

DEV KARAN @ LAMBU versus STATE OF HARYANA

Non-inclusion of Section 141 IPC in charge is not fatal if facts on record constitute an unlawful assembly with common object as per Section 141 IPC. Injured witnesses identified all accused, and discrepancies are minor. The prosecution established the common object to commit murder, thus Section 149 IPC is rightly invoked. No case of mistaken identity is made out for A-5. Appeals by all four appellants lack merit and are dismissed.

Parties
Appellant: Dev Karan @ Lambu; Respondent: State of Haryana; Appellant's Advocate: R. Basant; Advocate: Ms. Tarannum Cheema; Advocate: A. Karthik; Advocate: Ms. Smriti Suresh; Advocate: Vishnu P.; Advocate: Badusha Sulaiman; Advocate: Akshay Sahay; Advocate: Ms. Hiral Gupta; Advocate: Akshay N.; Advocate: Sanjay Jain; Advocate: Ms. Anamika Agrawal; Advocate: Dr. Monika Gusain; Advocate: Rishi Malhotra; Advocate: Utkarsh Singh; Advocate: Ram Naresh Yadav; Advocate: V. Shushant; Advocate: Mohit Kumar Singh
Jurisdiction
India
Judgment Date
06 August 2019
Procedural Posture
Criminal Appeal / Final Appeal Decision on Merits
Outcome
Appeals dismissed
Legal Topics
Unlawful Assembly, Murder, Framing of Charges, Section 141 IPC, Section 149 IPC, Identification of Accused
Criminal Law Unlawful Assembly Murder Framing of Charges Section 141 IPC Section 149 IPC Identification of Accused

Case Brief

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Parties

Dev Karan @ Lambu

Appellant

State of Haryana

Respondent

R. Basant

Appellant's Advocate

Ms. Tarannum Cheema

Advocate

A. Karthik

Advocate

Ms. Smriti Suresh

Advocate

Vishnu P.

Advocate

Badusha Sulaiman

Advocate

Akshay Sahay

Advocate

Ms. Hiral Gupta

Advocate

Akshay N.

Advocate

Sanjay Jain

Advocate

Ms. Anamika Agrawal

Advocate

Dr. Monika Gusain

Advocate

Rishi Malhotra

Advocate

Utkarsh Singh

Advocate

Ram Naresh Yadav

Advocate

V. Shushant

Advocate

Mohit Kumar Singh

Advocate

Procedural Posture

Criminal Appeal / Final Appeal Decision on Merits

Legal Issues

  1. 1 Whether non-inclusion of Section 141 IPC in the charge vitiates trial or conviction under Section 149 IPC
  2. 2 Whether the prosecution proved the existence of an unlawful assembly with the requisite common object under Section 149 IPC
  3. 3 Whether plea of mistaken identity by A-5 is tenable

Ratio Decidendi

Non-inclusion of Section 141 IPC in charge is not fatal if facts on record constitute an unlawful assembly with common object as per Section 141 IPC. Injured witnesses identified all accused, and discrepancies are minor. The prosecution established the common object to commit murder, thus Section 149 IPC is rightly invoked. No case of mistaken identity is made out for A-5. Appeals by all four appellants lack merit and are dismissed.

Court Disposition

Appeals dismissed

Orders

  • All four appeals are dismissed.
  • Accused are directed to surrender before the trial court within fifteen days to serve the remaining sentence.