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Head Note

Indian Penal Code,1860  - Section 147 , Section 148 , Section 302 , Section 149

Rioting & murder with common object - Conviction under - Trial Court disbelieving the version of PW4 and found that there was no altercation whatsoever at the pond over fishery rights two days prior to the incident as alleged by the prosecution - Acquittal of all the accused by Trial Court - High Court reversing the order of acquittal - Sentenced of life imprisonment awarded to all accused by High Court - Appeal against - No enmity whatsoever between the deceased and the accused - Suggested enmity, if at all, was between the accused and PW1 - No reason as to why the accused attacked the deceased and leave PW1 unscratched - Seizure memos not containing crime number and other recovery particulars - Lantern and the torch lights alleged to have been seized not produced in the Court - Presence of PW2 and PW3 at the scene of offence doubtful in the light of these factors - High Court committed error in relying upon sole evidence of PW1 - Impugned order of High Court set aside - Judgment of trial Court restored - Appeal allowed.

Topic(s)-Rioting and grievous hurt with common object