VidhiSangh

Supreme Court of India · 17/10/2022

GURMAIL SINGH & ANR versus STATE OF UTTAR PRADESH & ANR.

[2022] 13 S.C.R. 1011 · 2022 INSC 1097

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Summary

Ten persons were convicted under Section 302 read with Section 149 IPC for killing Dalip Singh in a 1980 land dispute in Rampur district, in which the accused fired on him and attacked him and his sons. Most of the co-convicts died while the appeals were pending. The surviving appellant, said to have carried a spear, sought conversion of his conviction to one under Section 304 IPC, arguing that no fatal injury was attributable to him and no weapon was recovered. The Supreme Court dismissed the appeal. Once membership of an unlawful assembly is proved, no individual overt act need be shown. Abatement of appeals on the death of co-convicts is not acquittal and does not shrink the assembly below five. Firing at the victim, attacking him again after he fell and assaulting his rescuers showed a common object to kill, and no exception to Section 300 was made out.

Issues

  1. Whether a member of an unlawful assembly can be convicted under Section 302/149 IPC without proof of an individual overt act.
  2. Whether the death of co-convicts during the appeals, reducing the surviving convicts below five, defeats the application of Section 149 IPC.
  3. Whether the conviction should be altered from Section 302/149 to Section 304/149 IPC.

Provisions considered

Held

Result

Appeal dismissed; the appellant's conviction and sentence under Section 302/149 and other provisions of IPC upheld; the appeal of the co-appellant who died had abated.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 1011.