DAHARI & ORS. versus STATE OF U.P.

DAHARI & ORS. versus STATE OF U.P.

Conviction under Section 149 IPC cannot be sustained when number of accused stands reduced to less than five due to acquittal, but conviction under Section 34 IPC is justified if evidence shows common intention; evidence of related witnesses, if credible and corroborated, is reliable; non-production of pillion rider does not invalidate prosecution's case.

Parties
Appellants Accused: Dahari & Ors.; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
11 October 2012
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Murder, Conviction, Unlawful Assembly, Common Intention, Related Witnesses
Criminal Law Murder Conviction Unlawful Assembly Common Intention Related Witnesses

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 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dahari & Ors.

Appellants Accused

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether conviction under Section 149 IPC stood after the number of accused was reduced to less than five
  2. 2 Reliability of related witnesses in murder case
  3. 3 Effect of non-production of material witness (pillion rider)

Ratio Decidendi

Conviction under Section 149 IPC cannot be sustained when number of accused stands reduced to less than five due to acquittal, but conviction under Section 34 IPC is justified if evidence shows common intention; evidence of related witnesses, if credible and corroborated, is reliable; non-production of pillion rider does not invalidate prosecution's case.

Court Disposition

Appeal dismissed

Orders

  • Conviction altered from Section 302 r/w Section 149 IPC to Section 302 r/w Section 34 IPC; sentences and fines affirmed; appeal dismissed.