Summary
Following a fatal bomb attack during a funeral gathering, the Court distinguished the bomb carriers and instigator from participants using sickles or sticks. It rejected collective murder liability where common object or knowledge of likely murder was unproved, preserved the bomb carrier’s and instigator’s life sentences on different legal bases, and reduced the others’ convictions to individual hurt offences.
Issues
- Whether the evidence established either limb of section149 for murder liability of every accused.
- Whether common intention, abetment and individual acts supported alternative convictions.
Held
- Section149 requires either an offence committed in prosecution of the assembly’s common object or an offence the members knew was likely in prosecution of that object. Mere possibility is insufficient; knowledge must be safely inferred from the circumstances. Once the necessary ingredients are established, individual commission of the fatal act need not be proved against every member. (¶ 9–12)
- The prosecution did not prove a common object to murder among all participants. Accused4–10 might not have known the others carried bombs, and their individual reactions and injuries did not establish knowledge of likely murder. Their collective murder convictions suffered serious infirmity. (¶¶ 14–17, 21)
- Sahayam’s carriage and throwing of a bomb demonstrated shared intention with the other bomb carriers, supporting section302 with section34. Acquittal of Arms Act charges solely for want of sanction did not defeat that liability. (¶¶ 18, 20, 23)
- Joseph’s exhortation to hack, throw bombs and kill supported the charged offence of abetment of murder under section302 read with section109, despite absence of an overt physical attack. (¶¶ 19, 23)
- Rioting convictions were set aside. Accused4 and5 retained one-year sentences under section324; accused6–10 were convicted individually under section323 with six-month sentences. (¶¶ 21–22, 24)
Result
Joseph’s appeal dismissed; his murder conviction modified to section302/109. Sahayam’s modified to section302/34; both life sentences confirmed and surrender directed. Others’ murder convictions set aside and appeals partly allowed with reduced individual hurt convictions; having served over six years, they need not surrender and their bail bonds were discharged.