LexNAWAB ALI versus THE STATE OF UTTAR PRADESH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
NAWABAU
v.
THE STATE OF utTAR PRADESH
March 22, 1~74 .
(H. R. KHANNA AND P. K. GoSWAMI, 1J.J
lnMtm .l'enal Codo, m:. 302 r<atl wit/1 stc. 14? IJ'.C.-No vicarious liability
uaku t!M person is • mtm!Nr of the unlawful assembly al tht time of the
camml.rllon of oD•nt:•.
ni;.a-Uant and six othera were inter a/la, convicted for of!ence u/s 302
read With .... 14? ol the I.P.C. There was long SlalldinJ. enmity belwun --
and Ibo deceased and the parties ·were involved in civil and crimjoal litlptioo.
·11 Wiii allesod tbat the accused attacked tbe deceased with latbis and thereafter
carrled him to the houoo ·of one Mohd. Shafi and locked tbe door from inside.
When the police arrived the door was broken open and only six accused were
fotmcl there but nol tbe appellant. Tbe body of tbe deceased was also reeowred
~m tbo house. The Sessions ~u<f80 convicted all the accused includinJ the
llllllOllazil for of!eoco u/s 302 read with Sec. 14? of the J.P.C. and Ibo conVJctioo
aDa -
were upheld by the High Court.
.
Allowing tbo appeal,
HBu> :-(I) Thal from the evidence ii can bo said that tbe appellant was
inside tbe house of Mohd. Shafi only for a short time and thereafter left that
.Place. 'lberc ~
no evidence on record to show that the deceased was stran~·
latm before the appellant left tbe house. There is nothing to rule out the Jl(l8Sibil1ty
ol the deceased lµiving been strangulated after the appellant left the house and
when ho bad ceased to be ::t member of. the unlawful assembly. No liability can
be futcned upon the appellant for anything done by the members of the unlaw-
ful wembly nfter he had left the house and had ceased to be the memb:r of
the unlawful assembly.
[736G-HJ
_. (II) In the prosecution under section 149 l.P.C., it is incumbent upon the
prosecution to show that the pc~on concerned was a member of the unlawful
asaembly· at the time of the commission of the offence. No vicarfQUs liability ........
_can· be fastened under section 149 I.P.C. if the person concerned goes away
and ceases to be a member of the unlawful assembly before the commission of
the offence and subsequently the offence is committed by Other members of the
unlawful assembly.
[737A-C]
·
Cll.IMINAL APPELLATE JURISDICTION : Criminal Appeal No. 20
of 1971..
AplJCal bv Special Leave fmm the Judgment and Order dated
lhe 26th Au211st. 1970 o! the Allabab<{j High Court (Lucknow
Bench l in Criminal Appeal No. 8 of 1968.
·
B .. P. Sin11h. for the appellant.
D. P. Yniyal, R. Bai1a and O. P. Rana, for the respondent.
The Judgment of the Court was delivered by
KHANNA, J.-Nawab Ali and six others including bis two sons
Naim Khan and Azim Khan were convicted by learned Sessions Judge
. Bahraich under section 302 read with section 149 Indian Penal code.
section 323 read wiib section 149, Indian Penal Code, section 147,
section 342 and section 364 Indian Penal Code. Each of the seven
accused was sentenced to undergo imprisonment for life for the offence
NAWAB ALI v. U.P. STATE (Khanna,/.)
735
A
under section 302 read with section 149 Indian Penal Code. Lesser
sentences qf imprisonment were awarded for the other offences.
Appeal filed by the seven accused was .dismissed by the Allahabad
High Court. Nawab Ali alone then came up in appeal to this Court
by special leave. The leave was, however, restricted to the question
of conviction of the appelalnt for the offence under section 302 read
with section 149 Indian Penal Code.
ll
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JC
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The case of the prosecution is that there
wa.• long standing
enmity between the seven accused, . wbo are related to each other,
and Abdul HamiJ Khan.
Disp_utes had ansen between •.ne parties
in connection with some land belonging to Sarju Devi and the parties
tml been involved in civil and crimmal litigation.
Abdul Hamid Khan deceased and tbe accused belong to viJlagc
Gulalpurwa.
On the evening of June 17, 1967, it is stated, Abdul
Hamid Khan went to the house of his co-villager liahao Khan
(PW 5), because the two wanted to have a talk in connection with a
case pendin2
before the
Commissioner.
Abdul
Hamid
Khan
accompanied by Puttan Khan (PW 7) left the house of Bahao Khan
:ct about 10 p.m. Wben the two reached near the house of Siddiq,
the s.:ven accused armed with iathis emerged and attacked Atxlul
Hamid Khan and his companion. Puttan Khan ran away and, while
doing so. raised alarm. Abdul Hainid Khan was given lathi blows
and was apExcerpt shown. Read the full judgment & AI analysis in Lexace.