STATE OF U.P. versus KISHANPAL & ORS

STATE OF U.P. versus KISHANPAL & ORS

The Supreme Court held that the testimony of the eyewitnesses (PWs 1,5,7,9 and CW1) was cogent, reliable and corroborated by medical and post-mortem evidence; membership of an unlawful assembly armed with firearms was established and, under Section 149 IPC, all accused who were members are vicariously liable for the deaths and injuries. The High Court erred in acquitting all accused except A‑1; convictions were affirmed but reduced in degree from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC for the respondents, and sentences adjusted accordingly.

Parties
Appellant: State of U.P.; Respondents: Kishanpal Singh & Ors.
Jurisdiction
India
Judgment Date
08 August 2008
Procedural Posture
Criminal Appeal to the Supreme Court / Judgment on Appeal (criminal Appeal No. 936 of 2003)
Outcome
Appeal partly allowed; High Court judgment dated 19.09.2002 acquitting the respondents set aside in part
Legal Topics
Murder, Unlawful Assembly, Evidence of Related/interested Witnesses, Motive, Sentencing, Vicarious Liability Under Section 149 IPC
Criminal Law Penal Code, 1860 Murder Unlawful Assembly Evidence of Related/interested Witnesses Motive Sentencing Vicarious Liability Under Section 149 IPC

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Parties

State of U.P.

Appellant

Kishanpal Singh & Ors.

Respondents

Procedural Posture

Criminal Appeal to the Supreme Court / Judgment on Appeal (criminal Appeal No. 936 of 2003)

Legal Issues

  1. 1 Whether testimony of related witnesses (PWs 1,5,7,9 and CW1) could be relied upon to convict all accused
  2. 2 Whether membership of an unlawful assembly under Section 149 IPC renders all members vicariously liable for murders and injuries committed in prosecution of the common object
  3. 3 Whether absence of specific overt act attributed to each accused precludes conviction under Section 149 IPC

Ratio Decidendi

The Supreme Court held that the testimony of the eyewitnesses (PWs 1,5,7,9 and CW1) was cogent, reliable and corroborated by medical and post-mortem evidence; membership of an unlawful assembly armed with firearms was established and, under Section 149 IPC, all accused who were members are vicariously liable for the deaths and injuries. The High Court erred in acquitting all accused except A‑1; convictions were affirmed but reduced in degree from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC for the respondents, and sentences adjusted accordingly.

Court Disposition

Appeal partly allowed; High Court judgment dated 19.09.2002 acquitting the respondents set aside in part

Orders

  • Judgment of the High Court dated 19.09.2002 is set aside to the extent it acquitted Kishanpal Singh, Suresh Singh, Mahendra Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh
  • Each of those respondents is convicted and sentenced to undergo R.I. for 2 years under Section 148 IPC (to run concurrently)