MALA SINGH & ORS. versus STATE OF HARYANA

MALA SINGH & ORS. versus STATE OF HARYANA

Once eight co-accused were acquitted by High Court under Section 302/149 IPC, charge under Section 149 IPC collapsed against three appellants for want of numbers constituting 'unlawful assembly'. Although appellate court can alter the charge to Section 34 IPC if common intention is supported by evidence, in this case there was no evidence of such shared common intention by the remaining appellants, nor was such a case set up at any stage by the prosecution. The blows dealt by appellants 2 and 3 caused only simple injuries, not linked to the death. Therefore, conviction under Section 302/34 IPC was not sustainable; both appellants could be convicted under Section 324 IPC only for their...

Parties
Appellant: Mala Singh; Appellant: Phuman Singh; Appellant: Kashmiro; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
12 February 2019
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal partly allowed
Legal Topics
Indian Penal Code, Murder, Unlawful Assembly, Common Intention, Alteration of Charge
Criminal Law Indian Penal Code Murder Unlawful Assembly Common Intention Alteration of Charge

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Parties

Mala Singh

Appellant

Phuman Singh

Appellant

Kashmiro

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether conviction of appellants under Section 302/34 IPC was legally sustainable after acquittal of co-accused under Section 302/149 IPC
  2. 2 Whether charge could be altered from Section 302/149 IPC to 302/34 IPC at appellate stage
  3. 3 What conviction and sentence, if any, is sustainable on facts for appellants 2 and 3

Ratio Decidendi

Once eight co-accused were acquitted by High Court under Section 302/149 IPC, charge under Section 149 IPC collapsed against three appellants for want of numbers constituting 'unlawful assembly'. Although appellate court can alter the charge to Section 34 IPC if common intention is supported by evidence, in this case there was no evidence of such shared common intention by the remaining appellants, nor was such a case set up at any stage by the prosecution. The blows dealt by appellants 2 and 3 caused only simple injuries, not linked to the death. Therefore, conviction under Section 302/34 IPC was not sustainable; both appellants could be convicted under Section 324 IPC only for their...

Court Disposition

Appeal partly allowed

Orders

  • Conviction and sentence of appellants 2 and 3 under Section 302/34 IPC set aside
  • Appellants 2 and 3 convicted for offence punishable under Section 324 IPC only