Law: Constitution of India

Section: 136

Law: Penal Code (XLV of 1860)

Section: 34

P L D 1956 Supreme Court (Ind.) 315           Constitution of India----Art. 136 (Constitution of Pakistan, Art. 160)-Appeal on special leave-Findings of fact by 'Courts below--Interference by Supreme Court.   In an appeal by way of special leave the Supreme Court usually does not interfere with the findings of fact arrived at by the Courts below unless something substantial is shown to persuade it to go behind the, findings or fact arrived at by such Courts.   Penal Code (XLV of 1860)---S. 34--Applicability.   Eleven persons were charged under 4ections 148, 323 and 326 read with section 149 of the Penal Code. The trial Magistrate framed charge under the sections and convicted ten of them. It was proved that three of the accused had attacked the complainant in the first incident wherein the com plainant received certain injuries. The complainant ran away followed by the three accused who had assaulted him. The complainant and some other persons who had come to his help were again attacked by these three accused. In appeal the Sessions Judge acquitted all other accused except the three. The High. Court in revision held that as a result of the Sessions Judge's judgment the three accused could not be convicted under section 148 or section 323 and section 326 read with section 149 as the ingredients to establish the existence of au unlawful assembly were absent. The High Court, however, convicted these three accused under sections 323 and 326 read with section 34, Penal Code:   Held, that provisions of section 34 were applicable. The three accused assaulted the complainant, in the first incident. They: pursued the complainant and they persisted in assaulting him and those who had come to his help. The clear implica tion of this was that the assault in the second incident was the "result of previous concert, The evidence to prove the common intention was the same which, would have proved the common object if it had been established that there had been an unlawful assembly.   Held further, that the fact that out of 11 accused, 8 had been acquitted, may support the argument that the prosecu tion witnesses…