LexRAKESH SINGHA ETC. ETC. versus STATE OF HIMACHAL PRADESH ETC. ETC.
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RAKESH SJNGHA ETC. ETC. v. STATE OF HIMACHAL PRADESH ETC. ETC. APRIL 9, 1996 [J.S. VERMA, S.P. BHARUCHA AND K. VENKATASWAMI, JJ.] Indian Penal Code, 1860 : Sectio11s 148, 149, .325, 427, 452, 302 a11d 304 pmt-ll. A B Unlawful essembly-Accused armed with deadly weapons-Indis- C cn·nlinate attack on persons who had gathered in connection with nzarriage pai~Injwies i11flicted on various peisons-Death of one injured-Ide11tity of accused established by prosecutio11 witllesse;~onviction of accused held justified-E11ha11ceme11t of se11tence by High Cowt u11der section 304 Pait JI held justified. Climinal t1ia/-Sente11ce-Mitigating factor-Plea that acwsed had set- tled i11 life-Rejectio11;of D Election-Conviction of appellant-Nomi11ation filed by appellant-ac- cused during pendency of appeal before Supreme Coult after obtaining swpension of sentence imposed on him-Nomination accepted and declared E elected-High Coult declared nomination illegal-Appeal-Criminal appeal dismissed-Consequention-Dismissal of election appeal. Appellants S and M, along with other twelve co-accused, were prosecuted under sections 147, 148, 149, 452, 427 and 323 of the Indian Penal Code, 1860. The prosecution case was that on May 10, 1978, H(PW-7) F celebrated his daughter's marriage at his house (alfin lodge) in Simla. A jeep belonging to H parked ahead of his house was meddled with by some college students. Three persons tried to drive away the jeep. On being questioned they abused and theatened to assault the driver ·or the jeep and R (PW-4) son of H. 1\vo of the accused inclnding S were beaten and G humiliated by certain persons belonging to Allin lodge. Consequently the accused persons later assembled for taking revenge. D(PW-2) saw the accused persons, who were armed with deadly weapons like hockey sticks, iron rods, iron chains, dandas, emply bottles etc., rushing towards the lodge. He :·nsuccessfully dissuaded them from entering the lodge. N(PW-9), the bride's brother followed D and some other men folk also came there. H 101 102 SUPREME COURT REPORTS [1996] SUPP. 1 S.C.R. A Accused M gave a hockey stick blow to N resulting in fracture of ulna bone of the latter. He instigated the other accused persons to attack and kill one and all persons there and this resulted in incliscrimate beating of various persons. The incirlent was also witnessed by PW-5 and 20. The unlawful assembly inflicted injuries to whomsoever came in its way; As a result many B persons. received injuries including one S, who latter succumbed to the injuries. In fact s was helping the other injured persons in taking them to the hospital. After reaching the hospital be became suddenly numb and fell unconscious. For this reason his name was not mentioned as one of the injured persons in the F.I.R. lodged by D. Because of death of S, charges under Section 325, 307 and 302 were also added. Out o( fourteen accused C one was discharged under section 227 of the Code of Cdminal Procedure, 1973. Later seven were acquitted under Section 232 and only six were called upon to enter their defence. Even amongst the six, after 'trial, appellants S and M were convicted under Section 148, 452, 427 and,325 read with 149 I.P.C. but were given the benefit of probation under section 360 Cr. P.C. Relying on the testimony of prosecution witnesses the Trial Court gave D formidable reasons in support of its findings that there was no doubt about involvement of both the appellants. On appeal the high Court of Himacbal Pradesh confirmed the conviction of appellants. It converted the offence from one under Section 352 I.P.C. to one under Section 304 Part II and imposed enhanced punishment of rigorous imprisonment for five years E under section 304 Part II read with section 149. Against the decision of the High Court, appellants preferred appeal before this Court. State of Himachal Pradesh also preferred appeal seeking further enhancement of sentence. F On behalf of the appellants it was contended that (i) the identity of G accused was not established beyond doubt; (ii) name or accused M was not mentioned in the FIR; bis inclusion at the subsequent stage was an after thought; and (iii) as both the accused were well settled in life confirmation of tbier sentence will spoil their career. The appellant in the connected civil appeal was elected to the 8th Assembly Constitutency, Himacbal Pradesh. Appellant S also filed bis nomination
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