VidhiSangh

Supreme Court of India · 15/03/2019

DAUWALAL @ GANESH DEVANGAN & ORS. versus STATE OF MADHYA PRADESH (NOW STATE OF CHHATTISGARH)

[2019] 4 S.C.R. 247 · 2019 INSC 389

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Summary

The Supreme Court acquitted four appellants on benefit of doubt in an unlawful-assembly murder case. Vicarious liability did not require each member to inflict an overt injury, but membership itself had to be clearly proved. The evidence placed these appellants, at most, among a larger gathering outside the house; identification and participation evidence had material limitations. Their guilt on the charged offences was not established beyond reasonable doubt.

Issues

  1. Whether the evidence sufficiently proved the appellants’ membership and involvement in the unlawful assembly.

Held

Result

Appeals allowed; all four appellants acquitted of all charges on benefit of doubt and directed to be released unless required for another offence.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 247.