AIR 1979 SUPREME COURT 1019 ::1979 SCC(Cri) 949 ::(1979) 4 SCC 189 ::(1979) SC Cr R 357

Supreme Court Of India

(From: Punjab and Haryana)

Hon'ble Judge(s): N. L. Untwalia, O. Chinnappa Reddy , JJ

(A) Penal Code (45 of 1860) , S.149, S.302, S.325— Conviction under S. 302 r/w S. 149 converted to conviction under Section 325 r/w S. 149 - Validity. Common object of the assembly to give merely beating to the members of complainant party, the main target being one M. No common object to commit the murder of the deceased. Use of lathis in assaulting the deceased, M and others. Nature of injuries clearly showing that neither the common object was to kill nor was it possible to infer that any member had the knowledge that death was likely to be caused in prosecution of the common object of assault. Held that the High Court was justified in converting the conviction from one under Sec. 302 r/w S. 149 to Sec. 325 r/w S. 149.(Para 4) Anno: AIR Comm. Penal Code (2nd Edn.), S. 149, N. 9; S. 302 Notes 20, 39: S. 325, N. 6. (B) Penal Code (45 of 1860) , S.300— Fatal injury not satisfactorily established to have been caused by particular accused - Refusal to convict him under S. 302 simpliciter - Legality. Accused S found to have caused sole injury of bruise on middle right clavicle of the deceased. Laceration of lung found to be the cause of the death and in the opinion of doctor it was by itself sufficient in the ordinary course of na....