STATE OF U.P. versus GAJADHAR SINGH AND ORS.

STATE OF U.P. versus GAJADHAR SINGH AND ORS.

The evidence on record established that only Gajadhar Singh fired the concealed pistol resulting in the death of the deceased, and the other accused did not have knowledge that he was carrying or would use the pistol. The common object of the assembly was not to commit murder; thus, convictions under Sections 302, 307 read with Section 149 IPC for others were unjustified and rightly altered by the High Court to Section 323 read with Section 149 IPC.

Parties
Appellant: State of U.P.; Respondent: Gajadhar Singh; Respondent: Janardan Singh; Respondent: Sarvajit Singh; Respondent: Suresh Singh; Respondent: Umesh Singh; Respondent: Mritunjai Singh; Respondent: Haribhan Chaudhury
Jurisdiction
India
Judgment Date
11 February 2009
Procedural Posture
Criminal Appeal / Supreme Court Final Disposition
Outcome
Appeals dismissed
Legal Topics
Common Object, Murder, Injury, Section 149 IPC, Section 302 IPC, Section 307 IPC, Section 323 IPC
Criminal Law Common Object Murder Injury Section 149 IPC Section 302 IPC Section 307 IPC Section 323 IPC

Case Brief

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Parties

State of U.P.

Appellant

Gajadhar Singh

Respondent

Janardan Singh

Respondent

Sarvajit Singh

Respondent

Suresh Singh

Respondent

Umesh Singh

Respondent

Mritunjai Singh

Respondent

Haribhan Chaudhury

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether the convictions under Sections 302, 307 read with Section 149 IPC were justified for all accused.
  2. 2 Whether the common object of the assembly was to commit murder.

Ratio Decidendi

The evidence on record established that only Gajadhar Singh fired the concealed pistol resulting in the death of the deceased, and the other accused did not have knowledge that he was carrying or would use the pistol. The common object of the assembly was not to commit murder; thus, convictions under Sections 302, 307 read with Section 149 IPC for others were unjustified and rightly altered by the High Court to Section 323 read with Section 149 IPC.

Court Disposition

Appeals dismissed

Orders

  • Conviction of Gajadhar Singh under Section 302 read with Section 149 IPC affirmed.
  • Conviction of Gajadhar Singh under Section 307 read with Section 149 IPC altered to Section 323 read with Section 149 IPC.