BHIMA @ BHIMARAO SIDA KAMBLE AND ORS. versus STATE OF MAHARASHTRA

BHIMA @ BHIMARAO SIDA KAMBLE AND ORS. versus STATE OF MAHARASHTRA

Given that the accused were armed only with sticks and pelted stones, and the evidence does not establish who attacked whom or use of deadly weapons, the reasonable inference is that the common object of the unlawful assembly was to cause hurt under Section 323 and 325 read with Section 147/149 IPC, and not to commit murder under Section 302 read with Section 149 IPC. Thus, the conviction for murder under Section 302/149 cannot be sustained against the appellants.

Parties
Appellants: Bhima @ Bhimarao Sida Kamble and Others; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
27 August 2002
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Bombay High Court
Outcome
Appeal partly allowed; conviction for Section 302/149 IPC set aside, conviction under Sections 147, 323, and 325 IPC affirmed.
Legal Topics
Unlawful Assembly, Murder, Culpable Homicide, Causing Hurt, Nature of Common Object in Group Offences
Criminal Law Unlawful Assembly Murder Culpable Homicide Causing Hurt Nature of Common Object in Group Offences

Case Brief

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Parties

Bhima @ Bhimarao Sida Kamble and Others

Appellants

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Bombay High Court

Legal Issues

  1. 1 Whether the common object of the unlawful assembly was to commit murder or merely to cause hurt/injury and property damage
  2. 2 Nature of liability under Sections 147, 149, 302, 323, 325, 440 of IPC

Ratio Decidendi

Given that the accused were armed only with sticks and pelted stones, and the evidence does not establish who attacked whom or use of deadly weapons, the reasonable inference is that the common object of the unlawful assembly was to cause hurt under Section 323 and 325 read with Section 147/149 IPC, and not to commit murder under Section 302 read with Section 149 IPC. Thus, the conviction for murder under Section 302/149 cannot be sustained against the appellants.

Court Disposition

Appeal partly allowed; conviction for Section 302/149 IPC set aside, conviction under Sections 147, 323, and 325 IPC affirmed.

Orders

  • Appellants acquitted of charges under Section 302 read with Section 149 IPC
  • Appellants' sentences under Sections 147, 323, and 325 IPC, already undergone, to be treated as sufficient punishment