SUKHAN RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants along with one Bhaiya Mani Raut @ Babu Muni Raut were convicted under Section 302 read with Section 149 of the Indian Penal Code (hereinafter referred to as "the Code") and sentenced to undergo imprisonment for life. They were also convicted under Sections 148, 147 and 33 of the Code but no separate sentences were passed against them. The appeals filed by the convicts were dismissed vide the judgment impugned in this appeal.

(2.) Special Leave Petition filed by Bhaiya Mani Raut was rejected by this Court vide order dated 6-9-1999.

(3.) Mr. P. S. Misra, learned Senior Counsel appearing for the appellants has submitted that there was no evidence against the appellants for holding them guilty under Section 302 read with Section 149 of the Code. It is contended that the common object, as alleged and proved by the prosecution, was only with respect to forcibly dispossessing the deceased and others and not for committing the ultimate crime of murder. According to the learned counsel, the appellants, at the most can be convicted and sentenced for their individual acts. Per contra it is submitted that as the murder was committed in furtherance of the common object of dispossessing the deceased it has to be inferred that the appellants were aware of the ultimate offence of murder likely to be committed in pursuance of the common object for which they had joined together. As the murder was the consequence of the common object of forcibly dispossessing the deceased, the appellants are presumed to be aware of the commission of the ultimate offence.