VidhiSangh

Supreme Court of India · 10/12/2020

ROHTAS & ANR. versus STATE OF HARYANA

[2020] 11 S.C.R. 983 · 2020 INSC 694

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court maintained the three appellants’ convictions for attempted murder but set aside their rioting convictions after the number of proved participants fell below five. Failure of the unlawful-assembly charge did not prevent an individual substantive conviction or reliance on established common intention where no prejudice resulted. The injured victim’s and his brother’s evidence was accepted, and the brutality and permanent disability caused warranted refusal to reduce the five-year sentence.

Issues

  1. Whether failure of the unlawful-assembly case prevented conviction for the substantive offence or substitution of common-intention liability.
  2. Whether related-witness evidence and absence of independent witnesses undermined proof.
  3. Whether prolonged liberty on bail justified reducing sentence to time served.

Provisions considered

Held

Result

Appeals dismissed as to section 307 convictions and five-year sentences; section 148 convictions set aside. Bail bonds cancelled and State directed to take appellants into custody for the remainder of the five-year sentence.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 983.