Penal Code, 1860 — Section 302 r/w Section 149 — Conviction under

August 24th, 2013

Penal Code, 1860 — Section 302 r/w Section 149 — Conviction under — Exaggerations and embellishments in prosecution story, Sustainability of — Prosecution story is that while the complainant party was harvesting the crop in the fields in their possession, the accused came to the spot and started firing upon them — In FIR, no specific roles were given to the accused, but at the trial the witness attributed specific roles to each one of them — Held, commission of an overt act, is not an essential ingredient for attracting Section 149 of the IPC but given the exaggerations and embellishments in the prosecution story, it unsafe to find for guilty of murder with the help of Section 149 of the IPC.

(Para 39)

Ranjit Singh v. State of Punjab[Bench Strength 2], Crl. A. No. 1853/2009 with Crl. A. No. 1855/2009(04/07/2013), 2013(8) SCALE 344 [T.S. Thakur, J.: Gyan Sudha Misra, J.]

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