PARSURAM PANDEY AND ORS. versus THE STATE OF BIHAR

PARSURAM PANDEY AND ORS. versus THE STATE OF BIHAR

There was no common object to commit murder; injuries sustained by villagers were simple, and prosecution failed to establish intention or specific knowledge for murder or attempt to murder by all accused except Raghunath Pandey. Conviction under Section 302 read with 149 IPC and Section 148 IPC set aside for Parshuram, Bishram, and Somaru Pandey. They are convicted under Section 324 read with 34 IPC and sentenced accordingly. Conviction under Section 27 Arms Act maintained where supported by evidence. Improper Section 313 recording did not cause prejudice.

Parties
Appellant: Parshuram Pandey; Appellant: Bishram Pandey; Appellant: Somaru Pandey; Appellant: Raghunath Pandey; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
14 October 2004
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeals partly allowed
Legal Topics
Murder, Attempt to Murder, Unlawful Assembly, Common Intention, Conviction, Sentencing, Recording of Statement
Criminal Law Murder Attempt to Murder Unlawful Assembly Common Intention Conviction Sentencing Recording of Statement

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Parties

Parshuram Pandey

Appellant

Bishram Pandey

Appellant

Somaru Pandey

Appellant

Raghunath Pandey

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether appellants formed unlawful assembly with common object to commit murder
  2. 2 Whether appellants shared intention or knowledge necessary for conviction under Sections 302/307 IPC
  3. 3 Whether the conviction under Section 27 Arms Act was justified

Ratio Decidendi

There was no common object to commit murder; injuries sustained by villagers were simple, and prosecution failed to establish intention or specific knowledge for murder or attempt to murder by all accused except Raghunath Pandey. Conviction under Section 302 read with 149 IPC and Section 148 IPC set aside for Parshuram, Bishram, and Somaru Pandey. They are convicted under Section 324 read with 34 IPC and sentenced accordingly. Conviction under Section 27 Arms Act maintained where supported by evidence. Improper Section 313 recording did not cause prejudice.

Court Disposition

Appeals partly allowed

Orders

  • Conviction and sentence under Section 302 read with 149 IPC and Section 148 IPC set aside for Parshuram Pandey, Bishram Pandey and Somaru Pandey
  • Conviction and sentence under Section 307 IPC set aside for Parshuram Pandey and Bishram Pandey