Mere Presence at Crime Scene Not Enough to Prove Criminal Intent: Punjab and Haryana High Court Upheld Acquittal in Murder Case

In a significant judgment, the Punjab and Haryana High Court has upheld the acquittal of respondents Gurpreet Kaur and another in a murder case, emphasizing that mere presence at the crime scene is insufficient to establish criminal intent or participation. The bench comprising Hon’ble Mr. Justice Sudhir Singh and Hon’ble Mr. Justice Harsh Bunger delivered the verdict on February 15, 2024.

The pivotal legal issue revolved around whether mere presence of the respondents at the place of occurrence, without any evidence of their active participation or shared common objective in the alleged offence, is sufficient to prove guilt. The court scrutinized the application of Section 149 of the IPC, which deals with every member of an unlawful assembly being guilty of the offence committed in the prosecution of the common object of that assembly.

The case stemmed from an incident on August 15, 2017, where Deepak Tiwari and Sukhwinder Singh were allegedly attacked by a group, resulting in Tiwari’s death. The respondents, Gurpreet Kaur and another, were part of the assembly but were reportedly empty-handed. The prosecution argued that their mere presence in the assembly implicated them under Section 149 of IPC. The trial court, however, acquitted them, leading to the State's appeal.

Justice Sudhir Singh, in his detailed judgment, highlighted the necessity of establishing a common object or knowledge among the members of an unlawful assembly to invoke Section 149. The court noted, "Mere presence in an assembly does not automatically classify a person as a member of an unlawful assembly." It was emphasized that the prosecution failed to demonstrate that the acquitted accused shared any common objective to assault the deceased or PW-2.

Referring to the precedent set in Allauddin Mian Vs. State of Bihar, the court underscored the need for a nexus between the common object and the offence committed. The bench observed that while the respondents were present, no evidence suggested their active role or shared intention in the crime.

Upholding the trial court’s decision, the High Court dismissed the application for leave to appeal, stating that the prosecution failed to establish the necessary elements for convicting the respondents under Section 149. The bench concluded that there was no illegality or perversity in the trial court's findings.

Date of Decision: 15.02.2024

State of Punjab vs. Gurpreet Kaur & Anr.