RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019)

RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) 2 Supreme Court Cases 237 (BEFORE ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.) 237 I RAMVIR Versus Appellant; STATE OF UTTAR PRADESH Criminal Appeal No. 183 of 2013t, decided on October 26, 2018 Respondent.
A. Penal Code, 1860 - Ss. 148/149 r/w S. 302-Conviction with aid of Ss 148/149 cannot be recorded in the absence of at least 5 accused: either at least 5 accused should stand convicted, or total number of convicted accused plus unnamed accused should not be less than 5 Tatal 6 named accused and no unknown persons involved of all accused of all charges except appellant their attaining finality-In such circumstances, held, possibility of conviction of appellant under Ss. 148/149 IPC could have arisen only if there would have been certain unknown persons besides the named five acquitted co-accused- Acquittal Hence, appellant also (Paras 13 to 15) acquitted R. Penal Code, 1860 S. 302 simpliciter – Conviction under, if Sustainable as conviction with aid of S. 149 not sustainable No evidence that appellant was author of gunshot that hit and killed dareased-Ballistic report not supporting that shot was fired from appellant's aile-Appellant's rifle not taken in police custody immediately after incident, but appellant surrendered same in court - Appellant sole accused, acquittal of rest five co-aceused, not challenged, thus, attaining finality

Conviction, under S. 302, set aside Ramvir v. State of U.P., 2012 SCC OnLine All 4523, reversed (Paras 16 to 18) Appeal allowed SS-D/61267/CR Advocates who appeared in this case: S.R. Singh, Senior Advocate (Mangat Prasad, Adarsh Verma and Ms Namita Choudhary, Advocates) for the Appellant; Manoj K. Mishra, Pradeep Misra, Advocates, for the Respondent. Chronological list of cases cited 1. 2012 SCC OnLine All 4523, Ramvir v. State of U.P. (reversed) on page(s) 237g, 239a, 239a-b, 239d, 240c, 240f The Judgment of the Court was delivered by ABHAY
MANOHAR SAPRE, J.