(A) Penal Code, 1860, Section 302 read with Section 149, 148, 460/149 – Murder – Conviction set aside – Appreciation of evidence –Unlawful assembly – Common object – All five accused have been convicted for the offences punishable under Sections 460 and 302 with the aid of Section 149 by the trial Court – High Court has acquitted two out of five accused of all charges – Therefore, will have to proceed on the footing that there was no unlawful assembly within the meaning of Section 141 of the IPC – Thus, the conviction under Section 148 of the IPC cannot be sustained – Even the conviction for the offences under Sections 460 and 302 with the aid of Section 149 of the IPC cannot be upheld as there was no unlawful assembly – High Court could have altered the charge by applying Section 34 instead of Section 149 of the IPC, but that was not done – Held that now, twenty-one years after the incident, at this stage, cannot modify or alter the charge, especially when all three appellants accused have undergone incarceration for more than seven years – Even if it is done , even otherwise, the prosecution has failed to prove the commission of the offence – Impugned judgment and order of the High Court and Sessions Judge insofar as the present appellants are concerned liable to be set aside and acquit them of the charges framed against them. (Para 7, 15 and 16)
SUPREME COURT OF INDIA
2024 STPL(Web) 82 SC
[JT 2024 (2) SC 324 = 2024 INSC 91]
Kishore & Ors. Vs. State Of Punjab
Criminal Appeal no.1465 of 2011-Decided on 7-2-2024
https://stpllaw.in/wp-content/uploads/2024/04/2024-STPLWeb-82-SC.pdf
