SIKANDAR SINGH & ORS. versus STATE OF BIHAR

SIKANDAR SINGH & ORS. versus STATE OF BIHAR

The appellants, armed with lethal weapons and acting in concert, formed an unlawful assembly with common object to eliminate the deceased and his brother; the evidence showed they acted to further this object and vicarious liability under s.149 IPC was correctly imposed. Plea of self-defence rejected as appellants were aggressors, not entitled to protection of disputed property at the cost of life, and injuries on accused were simple and did not undermine prosecution case.

Parties
Appellant: Sikandar Singh & Ors.; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
09 July 2010
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Murder, Attempt to Murder, Unlawful Assembly, Common Object, Right of Private Defence, Vicarious Liability
Criminal Law Murder Attempt to Murder Unlawful Assembly Common Object Right of Private Defence Vicarious Liability

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Parties

Sikandar Singh & Ors.

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether appellants were members of unlawful assembly with common object under s.149 IPC
  2. 2 Whether appellants could claim right of private defence under ss.96-102 IPC
  3. 3 Effect of non-explanation of injuries suffered by accused

Ratio Decidendi

The appellants, armed with lethal weapons and acting in concert, formed an unlawful assembly with common object to eliminate the deceased and his brother; the evidence showed they acted to further this object and vicarious liability under s.149 IPC was correctly imposed. Plea of self-defence rejected as appellants were aggressors, not entitled to protection of disputed property at the cost of life, and injuries on accused were simple and did not undermine prosecution case.

Court Disposition

Appeal dismissed

Orders

  • Convictions and sentences affirmed for all appellants.