Citations: Achhey Lal Vs State of Uttar Pradesh, 1978
Date of judgment: 21.02.1978
Equivalent citations: AIR 1978 SC 1233, (1978) 3 SCC 526
Case No.: Criminal Appeal 233 of 1976
Case Type: Special Leave to Petition (Criminal)
Appellant: Achhey Lal
Respondent: State of Uttar Pradesh
Bench:
- Hon’ble Justice P.N. Shinghal
- Hon’ble Justice S. M. Fazal Ali
Court: Supreme Court of India
Statues referred:
- Indian Penal Code, 1860; Sections- 302/149, 325/149, 147.
Facts:
- Achhey Lal and Fourteen other individuals were accused of being involved in the attack on the deceased of Assault under Section 302/149, 325/149, 147 of IPC,1860.
- Out of the 15 Individuals 14 were acquitted by the Allahabad High Court and Acchey Lal was convicted under Section 302/149, 325/149, 147 of IPC,1860.
- Achhey Lal being the sole appellant challenging his conviction in the Supreme Court.
Issues involved:
- If the number of individuals engaging in the offense is less than five, then the concept of an unlawful assembly can be applied?
Contention of Appellant:
The counsel for Petitioner contended that:
- Achhey Lal should not be held liable under Section 149 IPC (unlawful assembly) and Section 147 IPC (rioting) because with the acquittal of the 14 individuals, the number of participants in the assault fell below five. He contended that if the number of persons involved in the offense is less than five, the concept of an unlawful assembly cannot be invoked.
Contention of Defendant/Respondent:
The counsel for State contended that:
- The State argued that Achhey Lal should be held liable under Sections 149 and 147 IPC despite the acquittal of the other accused individuals.
- It was Contended that, the actions of the acquitted individuals were not relevant to the charges against Achhey Lal, as the evidence against Achhey Lal was sufficient to establish his participation in the unlawful assembly and rioting, even if the other accused were acquitted.
Judgment:
Supreme Court allowed the appeal, acquitted Achhey Lal of all charges, and directed his immediate release.
Ratio decidendi:
There must be a minimum of five participants in the unlawful assembly. If the number falls below five due to acquittals or any other reason, the charge under Section 149 IPC cannot be sustained. The court applied this principle to the specific circumstances of the case, leading to the acquittal of the appellant Achhey Lal.
Obiter dicta:
N/A
Conclusion:
It can be Concluded by saying that there was no finding by the High Court that, after the acquittal of the 14 individuals, an unlawful assembly still consisted of five or more persons, either known or unknown. Since there was no evidence to support the existence of an unlawful assembly comprising five or more individuals, the provisions of Sections 149 and 147 IPC (which deals with rioting) could not be invoked.
Drafted by: Devanshi Saxena, Manipal University, Jaipur
Edited By Bharti Verma, Associate Editor at Law Insider
Published on: October 11, 2023 at 01:33 IST
