# LALJI & ORS v. THE STATE OF U.P

- **Citation:** [1974] 1 S.C.R. 367
- **Court:** Supreme Court of India
- **Decided:** 1973-08-14
- **Case number:** Criminal Appeal No. 16 of 1970
- **Bench:** H. R. Khanna, A. Alagiriswami
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/lalji-ors-v-the-state-of-u-p-5982
- **Pages:** 5

## Headnote

367
Criminal Law-Members of complainants party Injured-No evide11ce
of
any common object of accused-liability of accused can only be for 1'ndividual
acts.
A!. a result of a fight between the members of the accused party and the
party of the complainants the accused were tried and convicted
for various
offei>:es. The first appellant was convicted of the offence under s. 304, Part J,
and of offences under S.. 148, 323, 324 and 325 read with s. 149. The
other
appellants were convicted of the offences under Ss. 147 and 304, 323, 324 and
325 read with s. 149. The High Court, in appeal, while acquitting one of the
accused, observed that the conclusion reacbCd by the trial court were substan~
tially correct and were based upon reasonable appreciation of the evidence.
In appeal to this Court,
HELD : On the findings of the trial court neither party attacked the members
of the opposite party at the commencement of the occurren::e. There was at
that stage remonstrance and counter remonstrance only. Someone then _started
a fight, and according to the trial court it could not definitely be determined as
to which- of the two parties struck the first blow. The.re was no premeditatoin
and the occurrence was a sudden affair. The circumstances of the case do not
show that the appellants formed a common object to do any of the acts mentioned in the 5 clauses of s. 141. Section 141 (4), 1.P.C., could not be relied
upon by the prosecution because, it could not be said that the common object
of the accused was to enforce any right or supposed right by means of criminal force or show of criminal force.
The circumstances of the case show that
the Jathis were weilded by the accused not with a view to enforce any right or
supposed right but because of the fact that a fight had started and the Complainants' party was found to be armed. Therefore, it should be held that each
accused WM liable for bis individual act and not vicariously liable for the acts
of the others. Hence, the first appellant C'1uld be convicted only of the oft"'nce
under s. 304, part 1, I.P.C. and his conviction for offences
other than that
should be set aside.
As regards the other appellants they caused simple hurt
with their lathis and they could be convicted only of the offence under s. 323
I.P.C. One grievous injury was caused to a member of th":
comolainants'
party but. on the material on record, it could not be said who caused that
fojury. [371B-HJ
CRIMINAL
APPELLATE
JURISDICTION : Criminal Appeal No.
16 of 1970.
Appeal by special leave from the judgment and order dated the
12-9-69 of the Allahabad High Court, in Criminal Appeal Nos. 1096
G
and 1097 of 1966.
H
Nuruddin Ahmed and U. P. Singh, for the appellal)ts.
0. P. Rana, for the respondent.

## Text

Ill
LALJI & ORS.
v.
THE STATE OF U.P.
August 14, 1973
[H. R. KHANNA AND A. ALAGIRISWAMI, JJ.]
367
Criminal Law-Members of complainants party Injured-No evide11ce
of
any common object of accused-liability of accused can only be for 1'ndividual
acts.
A!. a result of a fight between the members of the accused party and the
party of the complainants the accused were tried and convicted
for various
offei>:es. The first appellant was convicted of the offence under s. 304, Part J,
and of offences under S.. 148, 323, 324 and 325 read with s. 149. The
other
appellants were convicted of the offences under Ss. 147 and 304, 323, 324 and
325 read with s. 149. The High Court, in appeal, while acquitting one of the
accused, observed that the conclusion reacbCd by the trial court were substan~
tially correct and were based upon reasonable appreciation of the evidence.
In appeal to this Court,
HELD : On the findings of the trial court neither party attacked the members
of the opposite party at the commencement of the occurren::e. There was at
that stage remonstrance and counter remonstrance only. Someone then _started
a fight, and according to the trial court it could not definitely be determined as
to which- of the two parties struck the first blow. The.re was no premeditatoin
and the occurrence was a sudden affair. The circumstances of the case do not
show that the appellants formed a common object to do any of the acts mentioned in the 5 clauses of s. 141. Section 141 (4), 1.P.C., could not be relied
upon by the prosecution because, it could not be said that the common object
of the accused was to enforce any right or supposed right by means of criminal force or show of criminal force.
The circumstances of the case show that
the Jathis were weilded by the accused not with a view to enforce any right or
supposed right but because of the fact that a fight had started and the Complainants' party was found to be armed. Therefore, it should be held that each
accused WM liable for bis individual act and not vicariously liable for the acts
of the others. Hence, the first appellant C'1uld be convicted only of the oft"'nce
under s. 304, part 1, I.P.C. and his conviction for offences
other than that
should be set aside.
As regards the other appellants they caused simple hurt
with their lathis and they could be convicted only of the offence under s. 323
I.P.C. One grievous injury was caused to a member of th":
comolainants'
party but. on the material on record, it could not be said who caused that
fojury. [371B-HJ
CRIMINAL
APPELLATE
JURISDICTION : Criminal Appeal No.
16 of 1970.
Appeal by special leave from the judgment and order dated the
12-9-69 of the Allahabad High Court, in Criminal Appeal Nos. 1096
G
and 1097 of 1966.
H
Nuruddin Ahmed and U. P. Singh, for the appellal)ts.
0. P. Rana, for the respondent.
The Judgment of the Court was delivered by
KHANNA, J.
This is an appeal by soecial leave by Lalji (23),
Mahabir (45), Nar Singh (30), Paras Nath (27) and Ram Naresb
(30) against the iudgment of the Allahabad Hi~h Court affirming on
appeal the conviction and sentence of the appellants.
Lalji has been
convicted under section 304 Part I and section 148 Indian Penal Code
368
SUPREME COURT REPORTS
[ 1974 j I s.C.R.
A
and bas been sentenced to undergo rigorous imprisonment for a period
of ten years on the first count and rigorous imprisonment for a period
of two years on the second count. Lalji has, in addition to that, been
convicted for offences under section 324 read with section 149, section
325 read with section 149 and section 323 read with section 149 and
has been sentenced to undergo rigorous imprisonment for a period of
two years, 2! years and one· year respectively.
Mahabir, Nar Singh,
B.
Paras Nath and Ram Naresh have been convic•ed under ·section 147,
section 304 Part I read with section 149, section ·324 read with section
149, section 325 read with section 149 and section 323 read with
section 149 Indian Penal Code and each of them has been sentenced
to undergo rigorous imprisonment for a period of 18 months, five years.
18 months, 2t years and one yealr respectively.
Thesentences in the
case of each of the appellants have been ordered to run concurrently.
C
Budhdhu (50) and Munni Lal (20) were tried along "ith the appel·
!ants.
Munni Lal was acquitted by the trial court, while Budhdhu
was acquitted by the High Court.
Tht" appeal arises out of an occurrence which took place at 7 a.m.
on Mm·ch 29, 1965 in Nawagarh near village Shahpur Nawada at a
distance of five miles from police station Chandauli in Varanasi dis·
D
trict. As a result of that occurrence, Pancham ( 45) received fatal
injuries and later died at 11 a.m. Injuries were also received bv Nand
Lal (PW 1), Munshi (PW 2), Jhuri (PW 3), Polan (PW 5) and
Bhaggan on the side of the complainant. On the side of the accused,
Lalji, Mahabir. Paras Nath and Ram Naresh received injuries. Both
parties rushed to the police stat\on and lodged reports. On the side
of the complainant, report was lodged by Nand Lal PW at 8.30 a.m.,
E
while on the side of the accused, report was lodged by Mahabir at
8.35 a.m.
On the basis of those reports, two cases were registered
and both parties were sent up for trial. The trial court convicted the
accused appellants and Budhdhu in the present case, and Nand Lal.
Munshi, Jhuri, Bhaggan and one Shea ill the cross case.
Lalji accused is the son of Budhdhu accused. Ram Naresh, Paras
F
Nath and Nar Singh accused are the maternal uncle's sor.s of Mahabir
accused.
The prosecution case is that. Nand Lal PW is the owner of plot No.
129/2. Mahabir accused. who is a collateral of Nand Lal PW. owns
the adjoining plot.
Mahabir had put up a hut on his own plot. There
is a mend (dividing ridge) between the plots of Nand Lal and Mahabir.
G,
On the morning of March 29, 1965, it is stated, Pancham deceased
and Nand Lal PW saw that Budhdhu and Mahabir were digging earth
and thus extending the frontage of Mahabir's hut. Ram Naresh armed
with a gandasa', La!ji and Munni Lal armed with soears and Nar Singh
and Paras Nath armed with lathis were standing close to Mahabir with
a view to help him.
Pancham raised a orotest against the act of the
accused party whereuoon Mahabir and Budhdhu nicked un lathis and
If
those two accused along with the other accused staited beatinf! Pancham
and Nand Lal with their resoective weapons. Jhuri an<! Munshi then
came there, but thev too were attacked. Potan and Bhaggan also tried
to intervene, but injuries were caused to them also by the accused party.
A
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tALJI V. U.P. STAT!! (KHANNA, /.)
36~
During the course of this occurrence, Lalji thrust his spear in. thC:
abdomen of Pancham who fell down on the ground, Nand Lal, Jhur1
and othe1s on the side of the complainant used their lathies, and in
the process the accused were injured.
Bhaggan on medical examination was found to have two injuries
caused by blunt weapon. One of those injuries was grievous as it ha?
resulted in the fracture of humerus bone of the left forearm.
Jhun,
Munshi and Nand Lal PWs had nine, seven and nine simple injuries
respectively caused by blunt weapon. Potan PW had four simple injuries, out of which three had been caused by blunt weapon and one
with sharp-edged pointed weapon. Post mortem examination of Pancham revealed that he. had six injuries, out of which one was a stab
wound, one was an incised wound, three were contusions and one was
an abrasion. The fatal injury was the stab wound in the abdominal
cavity measuring 2" x 1". Omentum and about 12" long portion of
small intestines was protruding out of this wound. Death of Pancham
was due to shock and haemorrhage resulting from cutting of small
intestines, mesentery and blood vessels by some sharp edged pointed
weapon.
The accused were examined by Dr. K. P. Rai and Sl!bsequently by
Dr. K. A. Khan in jail. The trail court and the High Court have
relied upon the medical examination of the accused by Dr.
Rai.
According to Dr. Rai, he found nine injuries on Mahabir. N1r Singh,
Paras Nath and Ram Naresh accused had four injuries each on their
persons while Lalji had one injury. The injuries on the persons of
the accused were simple and had been caused by blunt weapon.
The defence version was that there was sugar can crop in the
plots of Mahabir, Ram Naresh and Nar Singh ~ccused. Those fields
used to be irrigated from the well of the accused which was close
to the hut of Mahabir. A water channel ran over the intervening
ridge between the plots of Mahabir and Mand Lal. On the day of
occurrence, it is stated, Mahabir and Ram Naresh accused had started
repairing the water channel by digging earth from
a
portion of
Mahabir's plot. Part of the water channel had been repaired with that
earth when Pancham, Nand Lal,
Munshi, Jhuri,
Bhaggan,
Sheo·
and Sotan appeared on the scene.
Pancham and others were all
armed at that time. Bhaggan then demolished the water
channel
which had been
repaired by Mahabir
and Ram
Naresh. When
Mahabir protested, the party of the complainant attacked
them.
Mahabir and Ram Naresh then picked up agricultural implements and
wielded the same in self-defence. The other aooeUants too arrived
at the spot and they too W.elded lathis in exercise of the right of private
defence. Ram Naresh acciused came into the witness box and
~ave
evidence in support of the defence version.
-
The ttail court on scrutiny of the evidence came to the conclusion
that the witnesses on both sides had stated onlv the half truth and
resorted to exag~eration, twisting and embellishment of the true account of the occurrence. It was further held bv the trail court that
the well near the hut of Mahabir was being used for irrigation pur-~
370
SUPREME COURT REPORTS
[ 1974] I s.c.R.
poses, that the channel through which the water from this well used
to be taken was along the disputed ridge and
that on the day of
occurrence the party of the accused was digging and putting earth
on the ridge in order to repair and reconstruct the water channel.
The trial court in this context referred to the evidence of the investigating officer, according to whom earth had been taken by the
party of the accused from a pit in Mahabir's plot. The trail court did
not accept the evidence of the prosecution witnesses that Pancham
and Naud Lai first went to the spot and thereafter Jhuri and Munshi
arrived there and after that Bhaggan, Potan and Sheo appeared there.
Jn the view of the trail court, all the members of the complainant's
party reached the ;Jlace
of occurrence almost simultaneously. The
prosecution allegation that the other accused were standing nearby
when Mahabir and Budhdhu were digging the earth and repairing
the water channel was not accepted. In the opinion of the trial court,
these persons were present at the hut which was only 15 or 20 paces
from the ridge in question.
As regards the actual assault, the trial
court came to the conclusion that no attack was made immediately
by either party on the arrival of the complainant's party. At first there
was remonstrance and counter remonstrance. A fight thereafter ensued
when the complainant's party insisted that they would not allow the
earth to be put on the disouted ridge and the oartv of the accused
claimed that th.ev must out the eartli and reconsruct the water channel.
The intransigence of the parties, in the ooinion of the trial court, Jed
to a free fight and none of them could therefore plead the right
1Jf
private defence. The accused, other than Lalji, in the opinion of the
trial court, were armed with lathis only.
The High Court in appeal held that the conclusions reached by
the trial court we'e substantially correct and were based upon reasonable appreciation of evidence.
In appeal before us Mr. Nuruddin on behalf of the appellants has
A
II
(
[)
argued that the present is not a case wherein the accused party can be
F
said to be members of the unlawful assembly or wherein the injuries
caused by Lalii to Pancham can be said to have been caused in prosecution of the commrm obiect of the accused-apoellants.
Although
Mr. Rana on behalf of the State has controverted the above contention, we find considerable force in the same. The trial court has found
that Mahabir accused had been using water from the well near his
hut for irrigation purposes and that he along with Ram Naresh was
(;
repairing the old water channel on the ridge when the party of the
comolainant came there and stooped Mahabir and Ram Naresh from
further repairing the water channel. The other accused who were
present in the hut nearlv at a distance of 15 or 20 p"ces from the
ridge. then came there. There was remonstrance and counter remonstrance which result.r.d in a fight.
The trial court has also found that
there was no premeditation on the part of Lalii or anv other accused
H
to cause Pancham's death and that the fight was a sudden affair and
was the result of heated passion. Jn the circumstances, in our opinion
·it cannot he said that the appellants who were present in front of
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~ALJI v. U.P. STl\.TE (Kha1111a, /.)
371
iheir hut formed an unlawful assembly. An assembly of five or more
persons is designated an unlawful assembly if the rommon object of
the persons composing that assembly is to do any of the acts mentioned in the five
clauses of section 141
Indian Penale. Code.
According to the explanation to that section, an assembly which wa5
not unlawful when it assembled may subsequently become an unlawful
assembly.
The facts found by the trial court and the High Court and
the circumstances of the case do not show that the appellants formed
a common object to do any of the acts mentioned in the five
clauses of section 141. Reference has been made to clause ( 4) of
section 141, according to which an assembly of five or more persons
would be unlawful if the common object of the persons composing
that assembly is to enforce any right or supposed right by means of
criminal force or show of criminal force. This clause cannot be of
much avail because it cannot be said that the common object of the
appellants was to enforce any right or supposed right by means of
criminal force or show of criminal force. As mentioned earlier,
no
party attacked the members of the opposite party at the commencement
of the occurrence.
There was only at that stage remonstrance and
counter remonstrance._ Someone then started the fight and, according to
the trial court, it could not definitely be determined as to which of
the two parties struck the first blow. The circumstances of the case
show that lathis were then wielded by the appellants, other
than
Lalji, not with a view to enforce any right or suppose\! right in respect of the water channel but because of the fact that a fight had
started and the complainant's party was found to be armed. As there
was no premeditation and the occurrence was a sudden affair, each
of the appellant8, in our opinion, should be held to be liable for his
individual act and not vicariously liable for the acts of others.
Lalji gave the spear blow in the abdomen of Pancham. His conviction should, therefore, be maintained for the offence under section
304 Part I Indian Penal Code. The sentence of rigorous imprisonment
for a period of ten years awarded to Lalji for the injury caused to
Pancham cannot be held to be excessive. As regards the other appellants, we find that they caused simple hurt with their lathis. There is
no doubt that one grievous injury was caused to Bhaggan with blunt
weapon, but on the material on record it cannot be said as to who
caused the said iniury. We would accordingly maintain the conviction
of Mahabir, Nar Singh, Paras Nath and Ram Naresh for the offence
under section 323 Indian Penal Code. The conviction of Lalji for
offences other than that under section 304 Part I, and of the other
four apnellants for the offences other than that under section 323
Indian Penal Code is set aside. Lalii is sentenced to under110 rigorous
imprisonment for a period of ten years for the offence under section
304 Part I. As regards the other four appellants who have been con·
victed under section 323 Indian Penal Code, their sentence of
imprisonment is reduced to the period already undergone.
V.P.S.
Conviction and sentence modified.