Supreme Court Upholds Conviction in Bihar Murder Case: Common Object of Unlawful Assembly Established

The Supreme Court of India has upheld the conviction of two appellants, Ganga Ram Sah and Pitambar Sah, in a case of murder and grievous hurt under Sections 302 and 149 of the Indian Penal Code (IPC). The Court rejected their plea for acquittal, affirming the findings of the trial court and the High Court.

Background of the Case

The case stems from an incident that occurred on June 27, 1983, in Bihar, where a longstanding dispute over crop damage escalated into a violent altercation. The prosecution alleged that the accused, armed with guns and lathis, attacked the complainant’s family, resulting in the death of Ram Udgar Sah and serious injuries to others.

Key Facts of the Case

• The conflict began when the cattle of accused Ram Chandra Sah grazed the complainant’s paddy field.
• Villagers and panches intervened to prevent escalation.
• Despite the intervention, the accused allegedly ambushed the complainant’s family at their home, leading to gunfire and physical assault.
• Ram Chandra Sah fired two gunshots at Ram Udgar Sah, causing his death.
• Other accused attacked the complainant and his brother, causing severe injuries.

Arguments by the Appellants

The defense argued:

• Ganga Ram Sah was only accused of exhorting others to attack, which was not substantiated by all eyewitnesses.
• Pitambar Sah was falsely implicated due to previous animosity between the parties.
• There was no clear finding that the accused shared a common object to commit murder, a requirement under Section 149 IPC.

Supreme Court’s Observations

The Supreme Court rejected these arguments, emphasizing:

“There was a clear common object among the accused, evidenced by their armed arrival, the exhortation by Ganga Ram Sah, and the coordinated attack.”

The Court further noted:

“Repeated gunshots fired by Ram Chandra Sah and coordinated lathi attacks confirm that the unlawful assembly intended to kill the complainant’s family members.”

The Court cited legal precedents, clarifying that common object can be inferred from the circumstances, including the nature of weapons, injuries inflicted, and the conduct of the accused.

Final Judgment

• The Supreme Court dismissed the appeal and upheld the conviction.
• It affirmed that the common object of the assembly was proven beyond doubt.
• The Court reinforced that collective participation in a crime under Section 149 IPC carries equal liability for all members.

Conclusion

This ruling underscores the principle that when an unlawful assembly commits a crime, all its members are held accountable. The judgment reinforces the importance of circumstantial evidence in establishing common object under Section 149 IPC.

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Download Judgment: Ganga Ram Sah & Ors. vs State of Bihar Supreme Court of India Judgment Dated 27-01-2017.pdf