Summary
During a wage dispute, a mob of labourers killed the managing director of the company employing them. Thirteen, including the appellants, who were the president and secretary of the workers' union, were convicted under Sections 302, 392, 148, 323 and 149 IPC and sentenced to life imprisonment, and the High Court affirmed. The Supreme Court acquitted the two appellants. On the eyewitnesses' evidence, they had gone into the office and then asked the assembled workers to go and collect their dues as the managing director would pay them. There was no evidence that they assaulted the deceased or the guard, or instigated the mob. That one of them said something in the workers' language after a carbine was snatched (what he said is not on record) could not sustain a conviction for murder with the aid of Section 149. The convictions of the other accused remained.
Issues
- Whether union office-bearers present during a mob attack could be convicted of murder with the aid of Section 149 IPC without evidence that they assaulted the deceased, participated in the attack or instigated the mob
Provisions considered
- Section 302 read with Section 149, and Sections 148, 323 and 392, Indian Penal Code, 1860The appellants' convictions were set aside for want of evidence of any assault, participation or instigation. Mere presence as union office-bearers, and an unrecorded utterance, could not establish liability as members of the unlawful assembly. (¶¶ 1, 5, 6)
Held
- The eyewitness evidence showed that the appellants, as union office-bearers, went into the office during the wage dispute and came out to tell the labourers that the managing director would distribute their dues. Nothing showed that they caused injury to the deceased or the guard, or took part in the offences. (¶ 5)
- When the deceased objected to the snatching of the guard's carbine, one appellant said something to the labourers in their language, after which they became agitated. But there was no evidence of what was said or that it amounted to instigation. Without concrete evidence of attack, injury or instigation, the appellants could not be convicted under Section 302 with the aid of Section 149. (¶ 5)
Result
Appeal allowed. The appellants' convictions and life sentences were set aside and they were acquitted and directed to be released, if not required in any other case, while the convictions of the other accused stood.