The division judge bench of Justice M.R Shah and Justice Krishna Murari of the apex court in the case of Chaitu Gowala and Another V. The State of Assam upheld the conviction of the accused for the offense under Section 302 IPC with the aid of Section 149 IPC due to the absence of any concrete evidence.
BRIEF FACTS
The factual matrix of the case is that the appellant was convicted for the offenses Sections 302/392/148/323/149 IPC for having committed the murder of the Managing Director of the Company in which the accused persons were working. At that time, the appellants were the president and secretary of the union.
The present appeal is filed against the judgment passed by the Gauhati high court that convicted them for the offenses under Sections 302/392/148/323/149 IPC and sentenced them to undergo life imprisonment.
The learned counsel appearing on behalf of the accused has contended that there is no evidence against the appellant, indicating that they caused any injury to the deceased. Further, the appellants were there as office bearers and when the talks were going on under Sections 302/392/148/323/149 IPC and sentencing them to undergo life imprisonment. Even, though the appellants tried to control the situation but the mob attacked the deceased who succumbed to injuries. It is argued that there is no evidence that the appellants in this case even incited the mob. It is contended that even taking into account the depositions of eyewitnesses, that is, it cannot be claimed that the appellants committed any crime. They are convicted, specifically under Section 302 of the IPC. knowledgeable advice. The appellants' counsel has taken us to the deposition of the pertinent witnesses.
The learned counsel appearing on behalf of the state contended that the appellants are rightly convicted with the aid of section 149 IPC.
COURT’S OBSERVATION
The hon’ble court held that on considering deposition of the eyewitnesses, nothing is forthcoming that the appellants caused any injury to the deceased and/or participated in any manner in the commission of the offenses for which they are convicted. Further, it was held that in the absence of any concrete evidence the appellants attacked and/or caused any injury to the deceased and/or even the PSO, and in absence of any evidence of what was uttered by the appellants – the accused in their own language and in absence of any evidence that the appellants instigated the laborers – others co-accused, we are of the opinion that the appellants cannot be convicted for the offense under Section 302 IPC with the aid of Section 149 IPC. The court is of the firm view that the conviction of the appellants for the offenses for which they are convicted is unsustainable
Therefore, the judgment passed by the high court and the trial court is quashed and set aside.
CASE NAME- Chaitu Gowala and Another V. The State of Assam
CITATION- CRIMINAL APPEAL NO. 325 OF 2020
DATED-7.09.22
CORUM- Justice M.R Shah and Justice Krishna Murari
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