STATE OF UP versus DAN SINGH AND ORS.

Citation: [1997] 1 S.C.R. 764 · Decided: 03-02-1997 · Supreme Court of India · Bench: M.K. MUKHERJEE · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
STATE OF U.P. 
v. 
DAN SINGH AND ORS. 
FEBRUARY 3, 1997 
B 
[M.K. MUKHERJEE AND B.N. KIRPAL, JJ.] 
Criminal Law: 
Penal Code, 1860: Sections 302, 303, 307, 436 r/w Sections 149 and 
C 141 Explanation-Unlawful assembly-Common object-Inference of-Mar-
riage party of Scheduled Caste attacked by a large number of persons amied 
with sticks and stones which resulted in death of 14 persons and injuries to 
7-He/d: Intention of members of attacking pmty could be deduced from 
number of injuries and weapons used-In the circumstances of the case, it 
could 1101 be said that the attackers had a similar object but not a common 
D object-Even if the assembly was initially lawful the same became u11lawful 
when riot stmted after a member of accused pmty was injured:-Protectio11 of 
Civil Rights Act. 1955, Sectio11s 4, 5 and 7. 
/ 
Section 149-fJnlawful assembly-Membership-Evidence of-
He/d.~Exaggerutio11 or inconsequential contradictions in the testimony of 
E eyewitnesses not a ground to reject their evidence in its entirety-Criminal 
T1ial. 
F 
G 
Sectio11 149-lngredients of-Held: It was not necessary for the prosecu-
tio11 to prove which of the accused did which or what act. 
Section 149--{}11/awful assembly-Membership of--Offence involving a 
large number of offenders-Held: Identity and participation of each accused 
must be f!Xed with reasonable certainty-In the circumstances of the case, only 
those of the accused must be held to be members of 1mlawful assembly who 
had been specifically identified by at least four eyewitnesses. 
Con.~titution of India, 1950: Article 136. 
Oiminal appeal-Acquittal-Appeal against-F~ct--Concurrent find-
ing:,~Reversa/ of-Justification-Held: 17Jere must be compelling reasons for 
coming to the conclusion that decision of cowts below were clearly unsus-
H tainable both in fact and law. 
764 
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STATE v. DAN SINGH 
765 
Criminal Procedure Code, 1973: 
Appeal-Against acquittal of 32 accused-Reference of-To third 
Judge-Division Bench agreed on acquittal of 22 accused but disagreed as 
regards remaining accused-Upholding acquittal of said 22 accused, Division 
Bench made reference of remaining accused to third Judge-Pursuant to 
opinion of third Judge acquittal of only 2 accused partly reversed-field: 
Appeal as a whole must be laid before ·third Judge-Even though order 
pursuant to opinion of third Judge related to 10 out of 32 accused, the order 
must be regarded as the final order whereby appeal of the State was partly 
allowed with only two of them being convicted while re1;naining ac-
quitted-flence, order of acquittal of 22 accused was non est. 
The respondents-accused were acquitted by the Sessions Court of the 
charges under Sections 302, 307, 323, and 436 read with Sections 149 and 
. 141 Explanation of the Indian Penal Code, 1860 and under Sections 4(iv), 
(x) and Section 5.7 of the Protection of Civil Rights, 1955. The High Court 
upheld the acquittal of all the respondents· except two respondents who 
were convicted under Section 325/34 IPC and sentenced to five years 
rigorous imprisonment. 
According to the prosecution, the occurrence took place in a village 
in which, most of the residents were Thakurs and Brahmins. The only 
house of a scheduled caste in that village was that of PW-8. A marriage 
party, consisting of about 40 persons, who were Dom by caste, which is a 
schedule caste, reached the said village, taking a Dali in which the 
bridegroom was sitting. When it reached near the house of PW-8, some 
words were exchanged between the deceased and PW-7. A large number of 
villagers had collected there. The deceased took out a knife and there was 
a scuffle between him and PW-7 and during this scuffle the father of the 
bridegroom tried to snatch the knife. PW-7 and the deceased were injured, 
but the deceased succumbed to those injuries after a few days . 
After the deceased sustained the injuries the riot started. Some of 
the villagers shouted that they should kill and burn the Doms and it was 
thereafter that the marriage party was attacked. Some of the members of 
the marriage party took shelter in the house of PW-7, but that house was 
set on fire which resulted in the death of five of them inside the house, 
while the body of another person was found in the courtyard of the house 
which was half burnt. Apart from these six deceased, eight other persons 
A 
B 
c 
D, 
E 
F 
G 
H 
766 
SUPREME COURT REPORTS 
(1997) 1 S.C.R .. 
A were kill

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