JAGDJSH NARAIN AND ANR. versus STATE OF U.P.

JAGDJSH NARAIN AND ANR. versus STATE OF U.P.

Conviction under Sections 148 and 302/149 IPC not sustainable as only five arraigned accused were alleged miscreants and one acquitted; murder conviction sustainable with aid of Section 34 IPC due to proven common intention and evidence from credible eye-witnesses and FIR corroboration.

Parties
Appellant: Jagdish Narain; Appellant: Rameshwar Dayal; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
12 March 1996
Procedural Posture
Criminal Appeal / Supreme Court Statutory Appeal From High Court Judgment
Outcome
Appeal dismissed with modifications
Legal Topics
Murder, Rioting, Common Intention, Acquittal, Appeal, Admissibility of Site Plan, Evidentiary Value
Criminal Law Murder Rioting Common Intention Acquittal Appeal Admissibility of Site Plan Evidentiary Value

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Parties

Jagdish Narain

Appellant

Rameshwar Dayal

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Statutory Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the conviction under Sections 148 and 302/149 IPC was sustainable after acquittal of one accused
  2. 2 Whether investigation was faulty due to non-indication of place from where shots were fired in site plan
  3. 3 Admissibility of site plan prepared by Investigating Officer

Ratio Decidendi

Conviction under Sections 148 and 302/149 IPC not sustainable as only five arraigned accused were alleged miscreants and one acquitted; murder conviction sustainable with aid of Section 34 IPC due to proven common intention and evidence from credible eye-witnesses and FIR corroboration.

Court Disposition

Appeal dismissed with modifications

Orders

  • Conviction and sentence under Section 148 IPC set aside.
  • Conviction under Section 302/149 IPC altered to Section 302/34 IPC.