Supreme Court rules all participants can be convicted for murder if they shared common intention to cause death, even in mutual fights. Mere 'free fight' and injuries on both sides doesn't reduce offense from murder to culpable homicide.
WHEN TWO GROUPS ENGAGE IN A VIOLENT FIGHT RESULTING IN DEATHS ON BOTH SIDES, CAN ALL PARTICIPANTS BE CONVICTED FOR MURDER, OR SHOULD THE COURT DISTINGUISH BETWEEN THOSE DEFENDING THEMSELVES AND THOSE WHO WERE THE REAL AGGRESSORS?
ALL PARTICIPANTS CAN BE CONVICTED FOR MURDER IF THEY SHARED A COMMON INTENTION TO CAUSE DEATH. The Supreme Court has ruled that when a group forms an unlawful assembly with deadly weapons and intentionally inflicts fatal injuries on vital body parts, it constitutes murder under Section 302 read with Section 149 IPC. The mere fact that there was a "free fight" and that injuries were sustained by both sides does not automatically reduce the offense from murder to culpable homicide.
Incident Occurs: Violent fight between two groups over land boundary dispute. Molhar and Dharamvir damaged field boundary, leading to confrontation.
First FIR: FIR No.65 lodged by appellants' side under Sections 147, 148, 149, 323, 324, 307 IPC
Second FIR: FIR No.65A lodged by complainant side after Dile Ram and Braham Singh hospitalized
Deaths: Dile Ram succumbs to injuries on May 24, Braham Singh on May 31
Trial Court Conviction: All seven accused convicted under Section 302/149 IPC, sentenced to life imprisonment
High Court: Uttarakhand High Court affirmed conviction, dismissed appeals
Supreme Court: Dismissed appeals, upheld conviction based on common intention doctrine
| Legal Principle | Key Consideration | Practical Application |
|---|---|---|
| Common Intention | Law looks at common intention of group | Even if you didn't inflict fatal blow, participation in violent assembly with shared criminal intent can make you equally liable |
| Weapons Determine Intent | Choice of weapons matters significantly | Deadly weapons indicate intention to kill, not just cause injury |
| Distinguish Your Role | Law recognizes different levels of participation | If involvement was different from others, ensure this is properly highlighted |
| Gather Corroborative Evidence | Medical evidence and witness statements crucial | Pattern of injuries on all parties can reveal real aggressors |
Assembly of five or more persons with the common object of committing a crime.
Shared purpose among multiple persons to commit a criminal act, making each participant liable for acts done in furtherance of that purpose.
The legal provision that makes every member of an unlawful assembly guilty of offenses committed in pursuit of their common object.
A witness who sustained injuries during the incident they testify about, giving their testimony enhanced credibility.
A spontaneous fight where both parties participate willingly without premeditation, on somewhat equal terms.
"The mere fact that there was a fight and injuries were sustained on both sides does not automatically make it a 'free fight' that reduces murder to culpable homicide. When a group arms itself with deadly weapons, targets vital body parts, and acts in furtherance of a common intention to eliminate their opponents, the offense clearly falls within the definition of murder. The nature of weapons used, the manner of attack, and the targeted body parts collectively reveal the murderous intent of the assailants."
This judgment serves as a crucial reminder that group violence with deadly weapons will be treated with the seriousness it deserves. It reinforces that the legal system will look beyond superficial claims of "free fight" to examine the actual dynamics of the violence, the weapons used, and the shared intention of the participants before determining criminal liability.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
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This roadmap decodes a complex criminal law judgment to help citizens understand how courts determine liability in cases of group violence and why certain actions qualify as murder rather than lesser offenses.