Surinder Singh & Ors. Vs. State of Bihar
EmailAppeal: Criminal Appeal No. 1203 of 1997
Petitioner: Surinder Singh & Ors.
Respondent: State of Bihar
Apeal: Criminal Appeal No. 1203 of 1997
Judges: G.T. NANAVATI & Y.K.SABHARWAL, JJ.
Date of Judgment: Sep 02, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Section 304 Pt. II – Conviction – Nine persons attacking with lathis – All beating, not only at one place, but also dragged deceased – On way also giving blows. Held that they had jointly caused death and there is no ground to differ.
(Para 2)
JUDGEMENT:
ORDER
1. This appeal was originally filed by nine appellants challeng-ing their conviction under Section 304 Part II read with Sec-tion 149 I.P.C. The trial court had convicted them under Sec-tion 302 read with Section 149 I.P.C. The High Court altered their conviction on the ground that the accused were armed with lathis only and while causing injuries to the deceased with lathis they can be imputed with knowledge that they were likely to cause his death. No other reason has been given by the High Court for altering the con-viction.
2. During the pendency of the appeal appellant No. 4, Gongu Singh, died. So now we are left with eight appellants. They have been convicted on the basis of evidence of eye-witnesses P.W.1 to P.W.8. Both the Courts below after appreciating their evi-dence have thought fit to accept it. We do not see any reason to differ from their findings. All the accused appellants had joined in the attack on the deceased. They had not only beaten him at one place but had dragged him for some distance and on the way also some blows were given. The Courts below were right in holding that the appellants had jointly caused the death of Mathura Yadav. Considering the facts of this case, we also see no reason to reduce the sentence imposed upon the Appellants.
3. This appeal is dismissed.
1. This appeal was originally filed by nine appellants challeng-ing their conviction under Section 304 Part II read with Sec-tion 149 I.P.C. The trial court had convicted them under Sec-tion 302 read with Section 149 I.P.C. The High Court altered their conviction on the ground that the accused were armed with lathis only and while causing injuries to the deceased with lathis they can be imputed with knowledge that they were likely to cause his death. No other reason has been given by the High Court for altering the con-viction.
2. During the pendency of the appeal appellant No. 4, Gongu Singh, died. So now we are left with eight appellants. They have been convicted on the basis of evidence of eye-witnesses P.W.1 to P.W.8. Both the Courts below after appreciating their evi-dence have thought fit to accept it. We do not see any reason to differ from their findings. All the accused appellants had joined in the attack on the deceased. They had not only beaten him at one place but had dragged him for some distance and on the way also some blows were given. The Courts below were right in holding that the appellants had jointly caused the death of Mathura Yadav. Considering the facts of this case, we also see no reason to reduce the sentence imposed upon the Appellants.
3. This appeal is dismissed.
