LexRAMACHANDRAN & ORS. ETC. versus STATE OF KERALA
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[2011) 13 (ADDL.) S.C.R. 923 RAMACHANDRAN & ORS. ETC. v. STATE OF KERALA (Criminal Appeal No. 162 of 2006) SEPTEMBER 02, 2011 [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] A B Penal Code, 1860 - s.3021149 and s.3071149- Unlawful assembly armed with various weapons causing murder of one person and serious injuries to two others - Applicability of C s.149- Held: Once it is established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act - Even mere presence in the unlawful assembly, but with an active mind, to achieve the D common ·object makes a person vicariously liable for the acts of the unlawful assembly - It is obligatory on the part of the court to examine that if the offence committed is not in direct prosecution of the common object, it yet may fall under second part of s.149 /PC, if the offence was such as the E members knew was likely to be committed - "Common object" may also be developed at the time of incident - In the instant case, there was enough evidence on record to establish that the accused-appellants were present, armed with sword stick, choppers, knife and iron rods - All these weapons were used F by the appellants for committing the offences and causing injuries to their victims - If all the circumstances are taken into consideration, it cannot be held that the appellants had _not participated to prosecute a 'common object' - Even if it was not so, it had developed at the time of incident - Trial G court as well as the High Court proceeded in correct perspective and rightly applied the provisions of s.149 /PC - All the accused were very well known to the witnesses - So their identification etc. was not in issue - As their participation 923 H 924 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A was governed by second part of s.149 /PC, overt act of an individual lost significance - Conviction of accused- appellants, as recorded by courts below, accordingly upheld. Evidence - Witnesses - Murder trial - Seventeen 8 accused - Incident was over within a very short time - Held: In such a case even if minor contradictions appeared in the evidence of witnesses, it is to be ignored for the reason that it is natural that exact version. of the incident revealing any minute detail i.e. meticulous exactitude of individual acts C cannot be expected from the eye-witnesses. According to the prosecution, on account of past enmity, the accused persons formed an unlawful assembly for the purpose of committing the murder of PW2; that they waited in the house of A-1 and when PW.2 D came along the pathway on the side of the house, A.1 repeatedly shouted "catch him" and then the accused persons chased PW2 and on seeing this, PW.2 ran towards the house of PW.3; however, A.1 inflicted cut injury on his hand; that thereafter though PW.2 E succeeded in entering the said house and in closing the door from inside, the accused-appellants broke open the door and inflicted injuries on PW.2 with their respective weapons and also dragged and beat him; that on hearing the hue and cry, 'K', the father of PW.2 and PW.1 reached F there, but the accused-appellants rushed towards him shouting "Kill them" and thereafter, A.1 inflicted a cut injury on his head with a sword stick in his hand and other accused inflicted injuries on him with their respective weapons, namely, choppers, knives and iron G rods and that when PW.1 and PW.4 made an attempt to· intervene, they were also attacked by the appellants and were rendered injured. 'K' succumbed to the injuries caused by the accused at the spot. The trial court convicted A1 to A11, 14 and 15 under H Sections 143, 147, 148, 307, 323, 324, 449, 427 and 302 of RAMACHANDRAN & ORS. ETC. v. STATE OF 925 KERA LA the IPC read with Section 149 IPC and sentenced them A to undergo imprisonment for life. The other accused, namely, A12, A13, A16 and A17 were convicted under Sections 143, 147, 148, 307, 323, 449, 427 read with Section 149 IPC. They were sentenced to undergo rigorous imprisonment for 10 years each. On appeal, the B High Court modified the order of the trial court to the extent that conviction of A7, A10 and A11 under Section 302 IPC was set aside. However, their conviction and sentence for other offences were confirmed. In the instant appeal, the appellants inter a/ia argued C on application of the
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