SMT. LAKHIYA DEVI ETC. versus GIRJA YADAV AND ORS. ETC.

Citation: [1998] 3 S.C.R. 588 · Decided: 14-07-1998 · Supreme Court of India · Bench: G.T. NANAVATI · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
SMT. LAKHIY A DEVI ETC. 
v. 
GIRJA Y ADA V AND ORS. ETC. 
-JIJL Y 14. 1998 
B 
/G.T .. 'IANAVATI AND V.N. KHARE. JJ.] 
lndiun Penal Code, 1860 : 
Ss. 326.//49, J?j. 119 and ]01 · Accused urmed with weapons :>et:n by 
C eyewilnesses chasing th" vicrim Entering thL' room where vic1im too/.. shelter 
by breaking open its door Dragging his dead body out of the room and 
then taking it away High Court disbelieving t:vidence of eye witnes;es as 
regurds participation of accused is assaulton deceased and selfing aside 
their conviction u/s 3Jfilf49 and 3251149 But r'onjirming th,,ir convictim1 
D U/s 201 Hdd, High Court was nut right in discarding the evidence of eye 
wllnesses Order of High Court set aside and order of conviction m recorded 
by trial court restored Since the incident took place long time back, sentence 
reduced from 8 years to 5 years R./. 
The accused appellants in Crl. Appeal No. 407of1987 were prosecuted 
E for murder of the son of PWIO, the appellant in Crl. Appeal No. 109of1989. 
The prosecution case was that when the son of PWIO was returning 
to his house from the Kh.ilihan, about 20 persons chased him. He came 
running to his house and locked himself in a room. The assailants entered 
the room by breaking open the door and cutting a hole on the thatched roof 
F of the House, and beat him to death. Thereafter they dragged his body and 
took it away by scaling the western wall of the house, While they were 
running towards west of the village, two constables, who were informed about 
the incident, ran after them and apprehended 4 of them. A sub- Jnspector 
of Police reached the vill:Jge and took the statement of PWIO, the mother 
of the deceased. lt was stated that the accused committed the murder because 
G of previous enmity. Case was rer,istered against 19 persons, but during the 
trial 2 of them died and the trial proceeded against the remaining 17 accused. 
The trial court held that the eye-witnesses exaggerated the manner in 
which the victim was assaoulted. It also held that one of the accused being 
H eighty years old was in all probability falsely implicated. He was acquitted 
588 
r 
L. DEVI v. G. Y ADA V 
589 
of the charge. As regards the remaining accused, the trial court held that A 
they were members of an unlawful assembly, the common object of which was 
to beat the victim and not to cause his death. It convicted the accused under 
s. 326 read withs. 149 IPC and sentenced each of them to 8 years rigorous 
imprisonment, except accused 'B' who was convicted under s. 325/149 and 
was sentenced to 4 years R. I. All the accused were also convicted under s. 
201 JPC. 
B 
The accused filed appeal before the High Court which, while admitting 
the appeal, also issued notice for alteration of the conviction for the offence 
of murder and for enhancement of sentence. On reappreciation of the 
evidence, the High Court held that though the victim was done to death inside C 
the room, the accused could not be convicted on the basis of the evidence of 
the eye- ·Witnesses as they exaggerated the manner in which injuries were 
caused to the deceased. In its view, keeping in mind the small size of the 
room, all the 20 assailants would not have entered the room and everyone 
of them would not have been able to beat the deceased. The High Court, 
therefore, set aside the conviction of the accused under s. 326/149 and 325/ D 
149 giving them benefit of doubt and discharged the notice for alteration of 
conviction and enhancement of sentence. However conviction of the accused 
under s. 201 IPC was confirmed. Aggrieved, the mother of the deceased, the 
informant in the case, filed Crl. Appeal No. 109 ofl989 against the acquittal 
of the i:ccused of offences u/s 326/149 and 325/149 lPC as also against the 
order of High Court discharging the notice for alteration of offence in to one 
u/s 302/149 IPC and enhancement of sentence; and the accused filled Crl. 
Appeal No. 407/87 against their conviction under s.201 TPC and the sentence 
as awarded by trial court and confirmed by the High Court. 
E 
It was contended for the informant - appellant that the High Court F 
having believed that murder of the victims was committed inside the room, 
the door of the room was broken open and the accused had carried away the 
dead body, should have convicted all of them under s. 302 read with s. 149 
IPC 
Allowing the appeal of the informant and dismissing that of the accused, G 
this Court. 
HELD: I.I. The High Court
Excerpt shown. Read the full judgment & AI analysis in Lexace.