MOHAN SINGH versus STATE OF PUNJAB

MOHAN SINGH versus STATE OF PUNJAB

When only three out of five accused named as forming the unlawful assembly are convicted and the others are acquitted, section 149 IPC does not apply as the assembly required by law must consist of five or more persons. However, if facts prove common intention to commit murder among the convicted persons, conviction under section 302 read with section 34 IPC is sustainable.

Parties
Appellant: Mohan Singh; Appellant: Jagir Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
14 March 1962
Procedural Posture
Criminal Appeal / Final Appeal Before Supreme Court by Special Leave; Challenging Conviction and Sentence Under Sections 302/149 and 147 IPC
Outcome
Appeal partly allowed
Legal Topics
Unlawful Assembly, Common Object, Common Intention, Constructive Liability, Murder, Indian Penal Code Section 302, Section 149, Section 34
Criminal Law Unlawful Assembly Common Object Common Intention Constructive Liability Murder Indian Penal Code Section 302 Section 149 +1 more

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Parties

Mohan Singh

Appellant

Jagir Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Final Appeal Before Supreme Court by Special Leave; Challenging Conviction and Sentence Under Sections 302/149 and 147 IPC

Legal Issues

  1. 1 Whether conviction under section 302/149 IPC is sustainable when only three out of five accused are convicted and the other two acquitted
  2. 2 Whether the conviction can be altered to section 302/34 IPC based on the facts and evidence

Ratio Decidendi

When only three out of five accused named as forming the unlawful assembly are convicted and the others are acquitted, section 149 IPC does not apply as the assembly required by law must consist of five or more persons. However, if facts prove common intention to commit murder among the convicted persons, conviction under section 302 read with section 34 IPC is sustainable.

Court Disposition

Appeal partly allowed

Orders

  • Conviction under section 302/149 IPC is altered to section 302 read with section 34 IPC.
  • Conviction and sentence under section 147 IPC is set aside and appellants are acquitted for that offence.