In Brief
Jagdish Prasad and others were convicted of murder under Section 302/149 IPC (culpable homicide amounting to murder with common intention) in a case arising from a mob attack on two brothers, Bhebharam and Om Prakash, at a shop in Seekar. One of them died from injuries. The appellants challenged the conviction, alleging FIR irregularities, inconsistent medical reports, and unreliable eyewitnesses. The Supreme Court partly allowed the appeal. Although accepting that the accused attacked the deceased, the Court noted that almost all injuries were on the hands and legs (not vital parts), the main assailants were acquitted without State appeal, and the accused's specific roles were unclear. The Court modified the conviction from Section 302/149 (murder with common intention) to Section 326/149 (grievous hurt with common intention) and released the appellants after accounting for time served.
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