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Supreme Court of India 2019-12-18 allowed

Bench: 2 — Navin Sinha, Ashok Bhushan

In Brief

The State appealed against the High Court's acquittal of three respondents accused of murder and attempted murder under Sections 302/149, 307/149, 147, 148, and 452 IPC. Two eyewitnesses (wife of one deceased and wife of another deceased) testified to an assault involving multiple armed assailants. The High Court acquitted the respondents, citing discrepancies between medical and ocular evidence. The Supreme Court reversed this acquittal, holding that minor variations between medical and eyewitness evidence do not diminish witness credibility in mob assault cases. Once an unlawful assembly with a common object is established, prosecution need not prove which member inflicted which injury; vicarious liability applies to all members regardless of specific acts.

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Criminal Law Unlawful Assembly Common Object Evidence Ocular Evidence Medical Evidence Mob Violence Vicarious Liability Criminal Procedure

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