INSC 149 , [1964 ]8 SCR133 , ,MANU/SC/0074/1964
P.B. Gajendragadkar#K.C. Das Gupta#K.N. Wanchoo#Raghubar Dayal#4955SC6250Judgment/OrderAIR#INSC#MANU#SCRP.B. Gajendragadkar,SUPREME COURT OF INDIA2012-9-24Unlawful assembly,Offences Against The Public Tranquillity,Every member of unlawful assembly guilty of offence committed in prosecution of common object,Offences Against The Public Tranquillity,Brutal and Cold blooded murder,Punishments,Murder case : proof by relative,Punishment for murder,Offences Affecting the Human Body,Murder case : proof by relative,Punishment for murder,Offences Affecting the Human Body,'Common object',Punishment,Offences Against The Public Tranquillity,Overt act : need of : to incur liability for unlawful assembly,Punishment,Offences Against The Public Tranquillity,Charge : acquittal from : reducing number of guilty less than five : effect,Punishment,Offences Against The Public Tranquillity,Evidence in support of prosecution,Evidence for prosecution,Trial Before A Court of Session,Number of witnesses,Evidence in support of prosecution,Evidence for prosecution,Trial Before A Court of Session,Examination of witnesses whose evidence essential for just determination mandatory,Power to summon material witness, or examine person present,General Provisions As To Inquiries And Trials,High Court bound to go into facts and evidence for independent conclusion,Power of High Court to confirm sentence or annul conviction,Submission Of Death Sentences For Confirmation,Criminal Procedure,Indian Penal Code16125,15948,16010,16377,16234,16235,16295,15818,15823,16124,16206,16208,17060,15941,15940 -->
MANU/SC/0074/1964
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 30-34 of 1964
Decided On: 04.05.1964
Appellants: Masalti Vs. Respondent: State of U.P.
Hon'ble Judges/Coram:
P.B. Gajendragadkar, C.J., K.C. Das Gupta, K.N. Wanchoo and Raghubar Dayal JUDGMENT
P.B. Gajendragadkar, C.J.
1. Forty persons were charged with having committed several offences theprincipal one of which was under section 302 read with s. 149 of the IndianPenal Code. The case against these persons was tried by the first AdditionalSessions Judge at Jhansi. The other charges framed against them were under s.307/149, 201/149 & 511, 395, 396, 149 & 449, I.P.C. The learned trialJudge held that none of the charges had been proved against five of the accusedpersons. He also found that the charges under sections 395 & 396 were notproved against any of them. In regard to the remaining charges, he found that35 out of 40 accused persons were guilty. For the major offence charged unders. 302/149