Early Times Report
JAMMU, May 29: The Division Bench of the Jammu & Kashmir and Ladakh High Court, consisting of Justice Sanjay Dhar and Justice Rajesh Sekhri, has upheld the life imprisonment of four individuals: Rattan Lal, Dharam Pal, Bachan Lal, and Kamla Devi.
After hearing Senior Advocate MA Goni for the appellants and AAG Amit Gupta for the UT, the Division Bench stated that it is not necessary for the prosecution to prove specific acts of each member of an unlawful assembly. The common objective of an unlawful assembly can be inferred from the nature of the assembly, the weapons used, and the behavior exhibited at or before the scene of the crime. Vicarious criminal liability can be established under Section 149 of the IPC based on the mere presence in an unlawful assembly, and the time of forming an unlawful intent is not material.
Considering the established facts of the case, it is evident that the incident occurred at 10 PM in the courtyard of the deceased, and the appellants were not residents in the vicinity but had gathered together from a distance. The appellants were found carrying weapons such as iron rods, 'Kai,' 'Dah,' spades, and clubs. Rattan Lal, in particular, struck the deceased, Jia Lal, on the head with an iron rod. Even after the victim fell, the other appellants continued to attack Ram Dayal, who attempted to rescue the deceased. Subsequently, the appellants assaulted Khushal Chand and Shallu Ram when they tried to intervene. These circumstances indicate that the appellants actively participated in the crime, with no attempt to stop the assembly or dissuade themselves from it.
Based on these established facts, it is clear that the appellants shared a common objective of committing murder and are therefore vicariously liable for the death of the deceased and injuries caused to other witnesses. The Division Bench finds no grounds to interfere with the conviction and sentencing passed by the trial court. The impugned judgment and sentence are upheld.
The Division Bench ordered the cancellation of the appellants' bail bonds and directed them to surrender before the trial court within 15 days from the date of this judgment. Failure to surrender within the specified period will result in coercive measures being taken to secure their presence, following which they will be sent to jail to serve the remaining sentence. |
