The Apex Court on Thursday, dismissed the appeal against the judgement of the High Court sentencing the appellants to life imprisonment along with fine and a default stipulation. The appellants were convicted under Section 302/34 of the Indian Penal Code. The bench consisted Justice R.F Nariman, Navin Sinha and Indira Banerjee.
The crime was committed when the two deceased, Abdul Motin and Abdul Barek were returning from the market on bicycles along with others on 5.08.2005 at about 6:00 PM. Abdul Barek died on spot, Abdul Motin died in the hospital during the course of treatment the same night. Originally there were five named accused persons. Accused nos.3 and 5 were acquitted giving them benefit of doubt and no information regarding the appeal against their acquittal was given.
After hearing both the parties and considering all the witnesses the Court observed:
- No reason could be deduced so as to grant appellant no.2 and 3 acquittal on any benefit of doubt or parity with the acquitted accused, merely because no appeal has been preferred as the witnesses clearly states out that they have witnessed them to be involved in committing assault on defendants.
- Considering the facts, the Court opined that appellant no.1 had a common intention as well, as he wait along with the other appellants who were armed. He even stopped the two deceased who were returning from the market. The assault commenced after the deceased had halted. The Court referred to the Section 34 of the IPC and stated,
The Court referred to the cases of Ramaswami Avyangar v. State of T.N. (1976) 3 SCC 779, Nandu V. State of Bihar (2002) 8 SCC 9, Surender Chauhan v. State of Madhya Pradesh (2000) 4SCC 110 and Nand Kishore v. State of Madhya Pradesh (2011) 12SCC 120, in regard to the common intention. Hence, the Court dismissed the appeal and said that no further evidence is required with regard to existence of common intention in appellant no.1 to commit the offence in question.