Court Must Conduct Inquiry on Mental Competency Before Appointing Legal Guardian - Punjab and Haryana High Court Right to Bail Cannot Be Denied Merely Due to the Sentiments of Society: Kerala High Court Grants Bail in Eve Teasing Case Supreme Court Extends Probation to 70-Year-Old in Decades-Old Family Feud Case Authorized Railway Agents Cannot Be Criminally Prosecuted for Unauthorized Procurement And Supply Of Railway Tickets: Supreme Court Anticipatory Bail Cannot Be Denied Arbitrarily: Supreme Court Upholds Rights of Accused For Valid Arbitration Agreement and Party Consent Necessary: Supreme Court Declares Ex-Parte Arbitration Awards Null and Void NDPS | Lack of Homogeneous Mixing, Inventory Preparation, and Magistrate Certification Fatal to Prosecution's Case: Punjab & Haryana High Court "May Means May, and Shall Means Shall": Supreme Court Clarifies Appellate Court's Discretion Under Section 148 of NI Act Punjab & Haryana High Court Orders Re-Evaluation of Coal Block Tender, Cites Concerns Over Arbitrary Disqualification Dying Declarations Must Be Beyond Doubt to Sustain Convictions: Madhya Pradesh High Court Acquits Accused in Burn Injury Murder Case No Legally Enforceable Debt Proven: Madras High Court Dismisses Petition for Special Leave to Appeal in Cheque Bounce Case Decisional Autonomy is a Core Part of the Right to Privacy : Kerala High Court Upholds LGBTQ+ Rights in Landmark Habeas Corpus Case Consent of a Minor Is No Defense Under the POCSO Act: Himachal Pradesh High Court Well-Known Marks Demand Special Protection: Delhi HC Cancels Conflicting Trademark for RPG Industrial Products High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Supreme Court Dissolves Marriage Citing Irretrievable Breakdown; Awards ₹12 Crore Permanent Alimony Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Maintenance Must Reflect Financial Realities and Social Standards: Madhya Pradesh High Court Upholds Interim Maintenance in Domestic Violence Land Classified as Agricultural Not Automatically Exempt from SARFAESI Proceedings: High Court Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Petitioner Did Not Endorse Part-Payments on Cheque; Section 138 NI Act Not Attracted: Madras High Court Minority Christian Schools Not Bound by Rules of 2018; Disciplinary Proceedings Can Continue: High Court of Calcutta Lack of Independent Witnesses Undermines Prosecution: Madras High Court Reaffirms Acquittal in SCST Case Proceedings Before Tribunal Are Summary in Nature and It Need Not Be Conducted Like Civil Suits: Kerala High Court Affirms Award in Accident Claim Affidavit Not Sufficient to Transfer Title Punjab and Haryana High Court

'Mere Presence in Unlawful Assembly Enough for Murder Conviction Under Section 149 IPC: Supreme Court

05 September 2024 7:23 PM

By: sayum


The Supreme Court of India, in a recent judgment, upheld the conviction of Nitya Nand and others involved in the murder of Satya Narain, emphasizing the application of collective liability under Section 149 of the Indian Penal Code (IPC). The bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, dismissed the appeal, affirming the life sentences imposed by the lower courts on the grounds that the accused were part of an unlawful assembly with the common object of committing murder.

The case originated from an incident on September 8, 1992, in Etah, Uttar Pradesh, where Satya Narain was brutally murdered by his brother Shree Dev and his sons, including the appellant Nitya Nand. The murder stemmed from a long-standing family dispute over property, with tensions escalating after Laxmi Narain, the youngest brother of the deceased, willed his property to Satya Narain’s sons. The assailants confronted Satya Narain at a ghat and attacked him with deadly weapons. Despite attempts by the victim’s son and others to intervene, Nitya Nand fired a shot in the air to facilitate the group’s escape. Satya Narain succumbed to his injuries at the scene.

The Supreme Court placed significant reliance on the eyewitness accounts provided by Sarwan Kumar, the victim’s son, and other witnesses. The Court found that these testimonies were consistent and supported by medical evidence, which confirmed that Satya Narain died due to multiple stab wounds and incised injuries inflicted by sharp weapons like knives and a kanta.

The Court upheld the application of Section 149 IPC, which imposes vicarious liability on all members of an unlawful assembly for offenses committed in pursuit of the common object. The bench noted, “The presence of the accused in the unlawful assembly and their active role in aiding the escape of the actual assailants is sufficient to attract Section 149 IPC, making them equally liable for the offense of murder.” The judgment emphasized that the specific role of firing a shot to deter intervention, though not causing direct injury, contributed to the common object of the assembly—murder.

Addressing the defense’s argument regarding the non-recovery of the country-made pistol allegedly used by Nitya Nand, the Court ruled that the absence of the weapon did not weaken the prosecution’s case. The bench underscored that the substantive evidence provided by the eyewitnesses and the medical report sufficiently established the involvement of the appellant in the crime.

The Court reaffirmed that under Section 149 IPC, it is not necessary for every member of the unlawful assembly to directly participate in the fatal act. As long as they share the common object and are present at the scene, they can be held liable for the resulting crime. “The fact that the appellant did not physically assault the deceased but was instrumental in facilitating the crime by firing in the air reinforces his complicity under Section 149 IPC,” the Court observed.

Justice Ujjal Bhuyan remarked, “Section 149 IPC does not require the direct involvement of each member in the actual commission of the offense. Mere presence and active participation in furtherance of the common object are sufficient to establish guilt.”

The Supreme Court’s ruling reaffirms the broad scope of collective liability under Section 149 IPC, particularly in cases involving unlawful assemblies with violent objectives. By dismissing the appeal, the Court has reinforced the principle that all members of such assemblies are equally culpable, sending a strong message about the consequences of group criminal activities.

Date of Decision: September 4, 2024

Nitya Nand vs. State of U.P. & Anr.

 

Similar News