VidhiSangh

Supreme Court of India · 06/08/2019

DEV KARAN @ LAMBU versus STATE OF HARYANA

[2019] 11 S.C.R. 40 · 2019 INSC 865

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Summary

Convictions arising from a collective armed assault were upheld. Failure to specify section 141 in the charges did not invalidate liability under section 149 where the necessary ingredients of unlawful assembly were charged and proved. The injured eyewitnesses reliably established the common object and participation; minor discrepancies and failure to examine witnesses to the earlier quarrel did not undermine that proof. Neither reduction to culpable homicide nor the plea of mistaken identity was accepted.

Issues

  1. Whether omission of section 141 from the charges precluded conviction with section 149.
  2. Whether discrepancies, unexamined witnesses and a plea of mistaken identity undermined the convictions.

Provisions considered

Held

Result

All four appeals dismissed. Accused directed to surrender before the trial court within fifteen days to serve the remaining sentences. Any earned remission to be considered under the State Government’s applicable norms after the appropriate sentence is served.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 40.