IPC - S. 148

IPC , Section 148, 149 read with Section 302 – Benefit of doubt  - Statement identifying the accused made to PW 1 and the IO – Statement of medical professionals in cross examination  that with the nature of injuries the deceased could not lived for more than 10  minutes – Not re-examined - Therefore, accept that the deceased must have survived only for a short duration after he received the injuries -  PW 1 received the intimation that his brother’s injuries whereafter he rushed to the place of occurrence which was admittedly at a distance of 15 minutes by walk -  This means the time was taken twice over as the person who had not seen the assault but informed PW1, had to cover the distance first and thereafter PW1 reached the place of occurrence -  The Investigating Officer, PW 15 arrived at the scene of occurrence even later - It would, therefore, be extremely doubtful whether the deceased had survived long enough for PWs 1 and 15 to arrive at the scene of occurrence and then make separate statements to these witnesses-  The appellant is, therefore, entitled to the benefit of doubt.(2018)2 SCeJ 1895

 

IPC, Section 148/149  - Appellant was already acquitted by the Sessions Judge for commission of offences falling under Section 148/149IPC -  Appellant's acquittal was not challenged by the State by filing any appeal before the High Court - There was no occasion for the High Court to have gone into this question in an appeal filed by the accused (appellant herein) as the same had attained finality – Order of high court High Court dismissing the appeal and further convicting the appellant for commission of offences punishable under Section 148/149 IPC set aside. (2018)2 SCeJ 1558/ DOD 26/10/2018

IPC, Section 148/149 - Five co­accused persons having also been acquitted of the charges framed against them under Section 148/149IPC, no case was made out against the appellant for his conviction under Section 148/149  - Once it was held by the Sessions Judge that all the six accused persons could not be convicted under Section 148/149 and were accordingly acquitted and no appeal having been filed by the State against this part of the order, the High Court was not justified in convicting the appellant under Section 148/149IPC. (2018)2 SCeJ 1558 / / DOD 26/10/2018

IPC, Section 148/149 - Prosecution had named six accused persons as being the members of "unlawful assembly" of which the appellant was one - Not the case of prosecution that even though these six accused persons were acquitted of the charges framed under Section 148/149 IPC, yet there were some more unknown persons present at the time of occurrence with the appellant other than five named accused persons and, therefore, the appellant could still be convicted under Section 148/149 as a member of an unlawful assembly with such unknown persons notwithstanding the acquittal of five accused persons – Conviction set aside. (2018)2 SCeJ 1558 /  DOD 26/10/2018