2010 (3) TMI 1202 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of conviction u/s 302 read with Section 34 IPC.
2. Validity of the First Information Report (FIR).
3. Presence and participation of the accused at the crime scene.
4. Common intention and pre-concerted meeting of minds.
5. Authenticity of the FIR written by P.W. 1.

Summary:

1. Legality of Conviction u/s 302 read with Section 34 IPC:
The appellants were convicted and sentenced under Section 302 read with Section 34 IPC by the trial court, which was upheld by the High Court. The Supreme Court examined whether the appellants shared a common intention to commit the murder and found that the evidence established their active participation in the crime.

2. Validity of the First Information Report (FIR):
The defense argued that there were two separate FIRs, one by the Assistant Station Master and another by P.W. 1. The Court analyzed the records and concluded that the message by the Assistant Station Master was cryptic and did not qualify as an FIR. The actual FIR was the one submitted by P.W. 1 at 5.15 p.m.

3. Presence and Participation of the Accused at the Crime Scene:
The Court found that P.W. 1 and P.W. 3 were natural witnesses as they had traveled with the deceased and witnessed the incident. P.W. 4 also corroborated their presence. The evidence showed that the appellants accosted the deceased with pistols and dragged him to the place where he was shot.

4. Common Intention and Pre-concerted Meeting of Minds:
The Court held that the appellants had a pre-concerted mind and common intention to commit the murder. The act of dragging the deceased to the place where he was shot demonstrated their active participation in furtherance of the common intention.

5. Authenticity of the FIR Written by P.W. 1:
The defense claimed that the FIR by P.W. 1 was written by the police or at their dictation. The Court found no evidence to support this claim. P.W. 1's testimony that he wrote the FIR in his own handwriting was accepted as credible.

Conclusion:
The Supreme Court dismissed the appeals, affirming the conviction and sentence of the appellants u/s 302 read with Section 34 IPC, finding no merit in the arguments presented by the defense. The records were ordered to be transmitted immediately.