Summary
The Supreme Court acquitted the appellant of murder and the unlawful-assembly charges. The High Court could not revive the latter charges in his own appeal after the trial court’s acquittal had become final without a State appeal. All five named co-accused had also been acquitted, with no prosecution case of additional unknown members. The evidence did not establish that the appellant fired the fatal shot, and the ballistic report did not support that allegation.
Issues
- Whether the High Court could convict on unlawful-assembly charges after an unchallenged acquittal in the accused’s own appeal.
- Whether the evidence sustained the appellant’s individual murder conviction.
Provisions considered
- Sections 148 and 149, Indian Penal Code, 1860Conviction was unsustainable where the acquittal had become final, the five other alleged members were acquitted and no additional unknown participants were alleged. (¶¶ 13, 14, 15, 16, 17, 18, 19)
Held
- Without a State appeal against the acquittal, the High Court had no occasion in the accused’s appeal to reopen the charges on which he had been acquitted. (¶¶ 14, 15)
- The prosecution alleged an assembly consisting of six named persons only. With the other five acquitted and no case of further unknown members, the High Court’s unlawful-assembly conviction could not stand on these facts. (¶¶ 16, 17, 18, 19)
- The High Court itself noted the absence of evidence identifying the appellant as the source of the fatal shot. The ballistic report did not link the recovered cartridges to his rifle, which had not been seized immediately after the incident but was surrendered in court. He was entitled to benefit of doubt. (¶¶ 20, 21, 22)
- The appeal was allowed, the impugned order set aside and the appellant acquitted and directed to be set at liberty unless required in another case. (¶¶ 23, 24)
Result
Appeal allowed; appellant acquitted of the charges under section 302 read with sections 148 and 149 IPC and set at liberty unless required in another case. Pending applications disposed of.