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Supreme Court of India 2019-04-16 partly_allowed

BAL MUKUND SHARMA @ BALMKUND CHAUDHRY vs THE STATE OF BIHAR

Bench: 3 — Mohan M. Shantanagoudar, N.V. Ramana, S. Abdul Nazeer

In Brief

A group of 15 accused were convicted of murdering a man during a mob attack. The Supreme Court held that while the evidence clearly established that Brahamdeo Chaudhry shot the deceased, the other accused could not be convicted for murder merely for being part of the mob under Section 149 IPC, as the murder was not the common object of the unlawful assembly and was sudden. Nine accused were acquitted entirely for insufficient evidence of participation. Four others were acquitted of murder but conviction for rioting and arson was confirmed with sentences reduced to time already served. The Court emphasised that suspicion, however grave, cannot substitute for proof beyond reasonable doubt."

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Criminal Law Unlawful Assembly Constructive Liability Murder Section 149 IPC Burden of Proof

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