| ASPECTS | DETAILS |
| Case Title | Nitya Nand vs. State of U.P. & Anr. |
| Introduction | The appeal states the matter of a conviction under Sections 148 and 302/149 of the IPC for a murder committed during a family dispute over property. |
| Factual Background | In 1992, Satya Narain was attacked and killed by Nitya Nand and his brothers, following a property dispute. Satya Narain’s sons were favored in a will, causing tensions within the family. During the attack, Nitya Nand fired a shot to prevent others from rescuing the victim. The trial court convicted him, and the Allahabad High Court upheld the conviction. |
| Legal Issues |
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| Applicable Law | Sections 148, 149, and 302 of the Indian Penal Code (IPC). |
| Analysis | The court upheld the conviction, by addressing that the appellant’s presence and firing of a gun made him a part of the unlawful assembly. Despite not directly assaulting the victim, his participation in aiding the attackers was sufficient under Section 149 IPC. Non-recovery of the weapon did not invalidate the strong eyewitness testimonies. |
| Conclusion | The Supreme Court ordered the appellant’s conviction under Sections 148 and 302/149 IPC, emphasizing the principle of vicarious liability under Section 149 IPC for all members of an unlawful assembly. |
| Current Scenario | Supreme Court dismissed the appeal, upholding the convictions and sentencing from both the trial court and High Court. |
CASE SUMMARY – The case revolves around a family dispute over property, leading to the murder of Satya Narain by his relatives. Nitya Nand, the appellant, fired a shot to prevent others from rescuing the victim. Though he did not directly assault Satya Narain, his involvement in the unlawful assembly made him liable under Section 149 IPC. The trial court convicted him, and the conviction was upheld by the Allahabad High Court. The Supreme Court affirmed the conviction, holding that even without a recovered weapon, the appellant’s role in aiding the assault was enough for liability under Sections 148 and 302/149 IPC.
SOURCE – SUPREME COURT OF INDIA
READ ALSO – SPECIFIC PERFORMANCE AND JURISDICTIONAL DISCRETION IN PROPERTY SALE
