Law:

Section:

(a) Penal Code (XLV of 1860)-------Murder---Unlawful assembly---Reappreaisal of evidence---Common object of unlawful assembly---Motive---Proof---Deceased was waylaid by the accused persons---Case not that of sudden provocation---Pre-planned and premeditated attack on the deceased---Accused persons armed with burris, knives and lathis---Injury report of the deceased showing that he was brutally and badly assaulted resulting in twenty one (21) injuries---Cumulative effect of injuries being the cause of death of the deceased---Pending criminal litigation between the deceased and the accused persons proving enmity, which established the motive for the occurrence---One of the accused exhorted other accused persons to kill the deceased---Effect---Prosecution, in circumstances, had been able to establish that all the members of the unlawful assembly acted in furtherance of common object to cause death of the deceased---Petitions for leave to appeal were dismissed, in circumstances. Sarwan Singh and others v. State of Punjab (1978) 4 SCC 111 : (AIR 1978 SC 1525) and Kusum Chandrakant Khaushe v. Hmlingliana and others AIR 1993 SC 401 : (1992 AIR SCW 3273) distinguished. (b) Penal Code (XLV of 1860)--- ----S. 149---Unlawful assembly---Common object---Proof---Inference of common object has to be drawn from various factors such as the weapons with which the members were armed, their movements, the acts of violence committed by them and the result. Rajiv Tyagi for Petitioners. Kamlendra Mishra for Respondent. Date of hearing: 28th February, 2012. JUDGMENT R. M. LODHA, J.---Five persons namely; Surendra, Narendra, Yogesh all sons of Anoop Singh, Amar Pal son of Jagpal Singh and Anil Kumar son of Roopchand Tyagi were tried for the murder of Ramchandra Singh under sections 147, 148, 302 read with section 149 of the Indian Penal Code, 1860 (IPC). 2. The incident occurred on May 19, 1980 at 1-30 p.m. According to the pros­ecution case, Ramchandra Singh (de­ceased) who was on his way on that day to Siana in a buffalo cart with a cement per­mit and some money was waylaid by the accused persons; Surendra and Narendra were armed with burri and knife respec­tively and other three…

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