SURENDRA SINGH versus STATE OF RAJASTHAN AND ANR.

SURENDRA SINGH versus STATE OF RAJASTHAN AND ANR.

Where the FIR specifically names five persons and evidence supports that the accused was a member of an unlawful assembly of five or more persons and participated in the offence, Section 149 IPC applies and the accused may be convicted for murder under Section 302 IPC with the aid of Section 149 even if another member delivered the fatal blow; delays in lodging FIR explained by treatment of injured do not vitiate the prosecution; accordingly the High Court erred in setting aside the conviction under Section 302/149 IPC and the Trial Court conviction is to be restored.

Parties
Appellant: Surendra Singh; Respondent: State of Rajasthan; Respondent/accused: Vijendra Singh
Jurisdiction
India
Judgment Date
11 April 2023
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Section 149 IPC, Unlawful Assembly, Homicide (section 302 Ipc), Delay in Lodging FIR, Section 147 IPC, Section 319 Cr PC
Criminal Law Criminal Procedure Section 149 IPC Unlawful Assembly Homicide (section 302 Ipc) Delay in Lodging FIR Section 147 IPC Section 319 Cr PC

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Parties

Surendra Singh

Appellant

State of Rajasthan

Respondent

Vijendra Singh

Respondent/accused

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Section 149 IPC applies where FIR names five persons but charge-sheet initially filed against two and remaining three were arrayed later and tried separately
  2. 2 Whether an accused who is a member of an unlawful assembly and participated in the offence can be convicted for murder under Section 302 IPC with the aid of Section 149 even if another member delivered the fatal blow
  3. 3 Whether delay of 3½ days in lodging the FIR was sufficiently explained

Ratio Decidendi

Where the FIR specifically names five persons and evidence supports that the accused was a member of an unlawful assembly of five or more persons and participated in the offence, Section 149 IPC applies and the accused may be convicted for murder under Section 302 IPC with the aid of Section 149 even if another member delivered the fatal blow; delays in lodging FIR explained by treatment of injured do not vitiate the prosecution; accordingly the High Court erred in setting aside the conviction under Section 302/149 IPC and the Trial Court conviction is to be restored.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order dated 20.11.2018 of the High Court quashed and set aside
  • Judgment and order of the Trial Court convicting the respondent for offences under Sections 147, 323 and 302/149 IPC restored