VidhiSangh

Supreme Court of India · 21/01/2020

DULESHWAR & ANR. versus THE STATE OF M.P. (NOW CHHATTISGARH)

[2020] 5 S.C.R. 1001 · 2020 INSC 61

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Summary

The Supreme Court upheld five appellants’ convictions for an unlawful assembly’s fatal assault but acquitted Khemuram and Lakhan on benefit of doubt. Membership had to be proved individually despite proof of the assembly’s murderous object. Consistency among eyewitnesses required assessment of the whole account and corroborating circumstances, rather than mechanical repetition of every name. The brutal dragging and beating established an intention to kill and did not warrant reduction to culpable homicide not amounting to murder.

Issues

  1. Whether each appellant’s membership of the murderous unlawful assembly was proved and whether the killing warranted a lesser homicide conviction.

Held

Result

Criminal Appeal Nos.1813 and 1815 of 2017 dismissed. Criminal Appeal No.1814 of 2017 partly allowed: Khemuram (A-8) and Lakhan (A-13) acquitted on benefit of doubt and directed to be released unless required in another case. Convictions of the other five appellants under Sections 147, 148 and 302/149 IPC upheld.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 1001.