SADDIK @ LALO GULAM HUSSEIN SHAIKH & ORS. versus STATE OF GUJARAT

SADDIK @ LALO GULAM HUSSEIN SHAIKH & ORS. versus STATE OF GUJARAT

Concurrent findings of the Trial Court and High Court that ocular testimony (PWs 1-3) and medical evidence (postmortem showing three stab injuries sufficient in ordinary course to cause death) proved murder under Section 302 read with Section 149 IPC were correct; membership of an unlawful assembly with a common object was established rendering accused Nos.2-7 vicariously liable under Section 149 IPC even without overt acts; Exception 4 to Section 300 IPC did not apply to Accused No.1 because of premeditation and arrival with armed men; appeals are dismissed.

Parties
Appellants: SADDIK @ LALO GULAM HUSSEIN SHAIKH & ORS.; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
03 October 2016
Procedural Posture
Criminal Appeal / Appeal by Special Leave Under Article 136 Against the High Court Judgment Confirming Convictions
Outcome
Appeals dismissed; convictions and sentences affirmed.
Legal Topics
Murder (section 302 Ipc), Unlawful Assembly and Vicarious Liability (sections 141, 149 Ipc), Exception 4 to Section 300 IPC, Motive, Article 136 Jurisdiction
Criminal Law Evidence Constitutional Law Murder (section 302 Ipc) Unlawful Assembly and Vicarious Liability (sections 141, 149 Ipc) Exception 4 to Section 300 IPC Motive Article 136 Jurisdiction

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Parties

SADDIK @ LALO GULAM HUSSEIN SHAIKH & ORS.

Appellants

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Under Article 136 Against the High Court Judgment Confirming Convictions

Legal Issues

  1. 1 Whether conviction under Section 302 read with Section 149 IPC was proved beyond reasonable doubt
  2. 2 Whether members of the alleged unlawful assembly (Accused Nos.2-7) are vicariously liable under Section 149 IPC absent overt acts
  3. 3 Whether Exception 4 to Section 300 IPC (sudden fight/heat of passion) applies to Accused No.1

Ratio Decidendi

Concurrent findings of the Trial Court and High Court that ocular testimony (PWs 1-3) and medical evidence (postmortem showing three stab injuries sufficient in ordinary course to cause death) proved murder under Section 302 read with Section 149 IPC were correct; membership of an unlawful assembly with a common object was established rendering accused Nos.2-7 vicariously liable under Section 149 IPC even without overt acts; Exception 4 to Section 300 IPC did not apply to Accused No.1 because of premeditation and arrival with armed men; appeals are dismissed.

Court Disposition

Appeals dismissed; convictions and sentences affirmed.

Orders

  • Appeals dismissed.
  • Convictions under Section 302 read with Sections 143, 147, 148, 149 and 323 IPC upheld.