Uma Shankar Gautam Vs. State of Madhya Pradesh
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Head Note
Indian Penal Code,1860 - Section 147 , Section 302 , Section 149 , Constitution of India, 1950 - Article 136
Appeal against Conviction - Parity - Unlawful Assembly - Common object - Murder - The High Court has given benefit of doubt by acquitting accused nos.5 and 6 recording cogent reasons - The High Court had elaborately considered the role and overt act of appellant/accused no.1 and held that his presence stood established not only by the ocular testimony but also in the first intimation in Exh.P-6 - Plea that on the ground parity the appellant also deserves to be acquitted repelled - Held that it is always open to the Court to differentiate the accused who had been acquitted from those who had been convicted - High Court distinguished the role of appellant from that of accused no.5 and accused no.6, who have been acquitted and rightly declined to acquit the appellant on the principle of parity - The impugned judgment does not call for any interference under Article 136 of the Constitution of India.
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