RAMESH versus STATE OF HARYANA

RAMESH versus STATE OF HARYANA

The appellants were members of an unlawful assembly who, being variously armed, came together to the place of occurrence and in prosecution of their common object caused the death and injuries; therefore convictions under Section 302 read with Section 149 IPC were validly sustained, while acquittal of certain accused found to be falsely roped in was properly upheld by the High Court.

Parties
Appellant: Ramesh; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
21 October 2010
Procedural Posture
Criminal Appeal / Leave Granted; Appeal Disposed
Outcome
Appeals dismissed
Legal Topics
Murder, Unlawful Assembly, Section 149 IPC, Common Object, Joint Liability, Appeal Against Conviction and Acquittal
Criminal Law Indian Penal Code Arms Act Murder Unlawful Assembly Section 149 IPC Common Object Joint Liability +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ramesh

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Leave Granted; Appeal Disposed

Legal Issues

  1. 1 Whether appellants could be convicted for murder under Section 302 read with Section 149 IPC as members of an unlawful assembly
  2. 2 Whether Section 149 IPC is attracted although not every accused committed an overt illegal act
  3. 3 Whether the appellants had the common object to commit the offences

Ratio Decidendi

The appellants were members of an unlawful assembly who, being variously armed, came together to the place of occurrence and in prosecution of their common object caused the death and injuries; therefore convictions under Section 302 read with Section 149 IPC were validly sustained, while acquittal of certain accused found to be falsely roped in was properly upheld by the High Court.

Court Disposition

Appeals dismissed

Orders

  • Convictions and sentences of the appellants under Sections 302/149 IPC and related charges affirmed
  • Acquittal of respondents Chander Bhan and Lachhman and two others upheld