Murder Conviction Upheld: Supreme Court Reinforces Section 149 IPC Principles

The case of Prabhu Dayal v. The State of Rajasthan is a significant ruling where the Supreme Court upheld the conviction of the appellant under Section 149 of the Indian Penal Code (IPC). This judgment reinforces the principle that all members of an unlawful assembly can be held liable for the actions committed in furtherance of the common object.

Background of the Case

The case dates back to the night of May 1, 1997, when the deceased, Gopal, was murdered in his house in village Ikran, Rajasthan. According to the prosecution, Prabhu Dayal (the appellant) and four others—Gyan Singh, Shiv Singh, Indal, and Rajveer—armed with firearms, attacked the deceased at his home. The key witness, Vikram Singh, the brother of the deceased, stated that he heard a gunshot at around 1:00 AM and saw the accused standing near the cot where Gopal was lying.

The prosecution alleged that Prabhu Dayal fired at Gopal, and Shiv Singh shot at Gopal’s wife, Devi, on Prabhu Dayal’s orders. The accused shouted threats that no one should dare to oppose them in the future. The case was registered under multiple sections, including Sections 147, 148, 302, 307, 120B, 459, and 460 of the IPC, along with provisions of the Arms Act.

Arguments by the Parties

Appellant’s Arguments

• The appellant claimed that there was a delay in lodging the FIR and that the prosecution witnesses had changed their version multiple times.
• The names of the accused were not initially mentioned when the informant and other witnesses visited the police station immediately after the incident.
• The forensic evidence, including the absence of bloodstains at the crime scene, was insufficient to establish guilt.
• The appellant argued that his firearm had misfired and did not cause any injuries, making him not guilty of murder.

Prosecution’s Arguments

• The prosecution argued that the delay in recording a detailed FIR was due to the immediate priority of saving the injured.
• Multiple eyewitnesses, including Devi (PW11), confirmed that the accused were present and armed at the crime scene.
• Forensic evidence supported the prosecution’s claim that two shots were fired, with one causing fatal injuries.
• The presence of the accused at the crime scene with weapons, combined with their conduct, proved their common intent under Section 149 IPC.

Supreme Court’s Observations

The Supreme Court analyzed the case and upheld the conviction based on the following findings:

• The FIR delay was justified as the primary concern was transporting the injured to the hospital.
• Witness statements, including those from Devi (PW11), corroborated the prosecution’s version.
• The forensic report confirmed the presence of human blood at the scene, despite the inability to determine the blood group.
• Even though Prabhu Dayal’s gun misfired, he was still liable under Section 149 IPC, as he was part of the unlawful assembly intending to commit murder.
• The trial court and High Court’s findings were based on consistent evidence, and no grounds were found to overturn the conviction.

Final Judgment

The Supreme Court dismissed the appeal and confirmed the life imprisonment sentence imposed on the appellant. This ruling emphasizes that members of an unlawful assembly share equal criminal liability, even if they did not directly commit the fatal act.

This judgment reinforces the judicial interpretation of Section 149 IPC and serves as a precedent in cases involving group criminality and shared intent in unlawful assemblies.

Petitioner Name: Prabhu Dayal.
Respondent Name: The State of Rajasthan.
Judgment By: Justice L. Nageswara Rao, Justice Mohan M. Shantanagoudar.
Place Of Incident: Ikran, Rajasthan.
Judgment Date: 04-07-2018.

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