G H MANJIT SINGH versus THE STATE OF PUNJAB

G H MANJIT SINGH versus THE STATE OF PUNJAB

The prosecution established through reliable and consistent testimonies of injured eye-witnesses, corroborated by medical evidence, that the appellants were present and acted as part of an unlawful assembly with common object, causing the fatal and grievous injuries. The plea of alibi was baseless and not properly pleaded. Acquittal of two co-accused on benefit of doubt did not dilute the case against the appellants. All criteria for offences under Sections 148, 302/149, 323, 324, and 326/149 IPC were satisfied.

Parties
Appellant: Manjit Singh; Appellant: Sukhwinder Singh; Respondent: The State of Punjab
Jurisdiction
India
Judgment Date
03 September 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence by Sessions Court, Upheld by High Court; Before Supreme Court
Outcome
Appeals dismissed; conviction and sentence upheld.
Legal Topics
Unlawful Assembly, Murder, Common Object, Constructive Liability, Plea of Alibi
Criminal Law Unlawful Assembly Murder Common Object Constructive Liability Plea of Alibi

Case Brief

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Parties

Manjit Singh

Appellant

Sukhwinder Singh

Appellant

The State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence by Sessions Court, Upheld by High Court; Before Supreme Court

Legal Issues

  1. 1 Whether the conviction of the appellants for offences under Sections 148, 302/149, 323, 324 and 326/149 IPC was justified
  2. 2 Applicability of common object for unlawful assembly under IPC Sections 141, 149
  3. 3 Effect of acquittal of co-accused on the conviction of the remaining accused

Ratio Decidendi

The prosecution established through reliable and consistent testimonies of injured eye-witnesses, corroborated by medical evidence, that the appellants were present and acted as part of an unlawful assembly with common object, causing the fatal and grievous injuries. The plea of alibi was baseless and not properly pleaded. Acquittal of two co-accused on benefit of doubt did not dilute the case against the appellants. All criteria for offences under Sections 148, 302/149, 323, 324, and 326/149 IPC were satisfied.

Court Disposition

Appeals dismissed; conviction and sentence upheld.

Orders

  • The appellants shall surrender before the Court concerned within a period of four weeks from today and shall serve out the remaining part of their respective sentences.