2008 CRI. L. J. (NOC) 1122 (KAR.) = 2008 (4) AIR KAR R 507 (DB) ::2008 (4) AIR Kar R 507

Karnataka High Court

Hon'ble Judge(s): K. Sreedhar Rao, R. B. Naik , JJ

(A) Evidence Act (1 of 1872) S. 32 — Penal Code (45 of 1860), Ss 300, 302 — Dying declaration — Medico Legal case — Non-mention of names of culprits in Medico Legal Case (MLC) register — Not fatal to case of prosecution — Entries in MLC register are not made as per information given by deceased but are made as per say of her husband — Entries in MLC register cannot be considered as a discrepancy contradicting dying declaration (Para 29)

(B) Indian Penal Code (45 of 1860) S. 300, 302, 149 — Mob violence — Huge mob of about 60 persons shouting slogans, wielding stones, clubs in their hands and they ambush bus — From amongst the said mob, one of accused brings two cans of kerosene and gives other two accused — This fact clearly suggests that members of the unlawful assembly had come prepared to pour kerosene to torch bus and obstruct inmates from getting down from bus — Inference that each one of member of unlawful assembly had knowledge of acts done and knowledge of likelihood of acts committed as envisaged under S 149, I P C can be drawn — Overt act of said accused persons cannot be viewed separately (Para 36)

(C) Indian Penal Code (45 of 1860) S. 300, 304, Part 2, 149 — Mob violence — Members of unlawful assembly restrained inmates of bus from getting down and indiscriminately pelted stones and torched bus after dousing with kerosene — Clearly established by evidence that all members of unlawful assembly shouting slogans that inmates of bus should be finished so that they should go to work in future — Object of assembly can be said to be to kill inmates of bus — Although, death has occurred on account of septicemia as a result of burn injuries no ground to convict accused under S 304, Part 2 — Accused who are found guilty liable to be convicted under S 302, r w S 149 (Para 37,38)

(D) Indian Penal Code (45 of 1860) S. 307, 149, 324 — Unlawful assembly — Intention of member of unlawful assembly was to kill inmates of bus by indulging bus — Merely because injured victims have received non-fatal injuries — No ground to hold that accused are liable to be convicted only under S 324 and not 307 (Para 39)