The Supreme Court on Tuesday refused to set aside the conviction and order of life imprisonment of one 72-year-old man while stating that recovery of bloodstained lathi and bloodstained clothes of the appellant on his confession, left the Court satisfied, that he and other accused were actuated by common intention.
A two-judge bench led by Justice R. F. Nariman and Justice Navin Sinha said if the appellant makes an application for premature release, it is for the authorities to consider the same in accordance with the law on the submissions that the appellant has completed over 14 years of custody including remission and he is 72 years old.
The Court pronounced its order on an appeal filed by Asharam Tiwari who had challenged his conviction and sentence under Sections 302/34, 323/34, 325/34 and 323 IPC to life imprisonment and lesser punishments. The appellant was convicted along with three others which had led to the death of two and injured three.
The Counsel for the appellant contended that he was in possession of lathi only and the death was caused by axe and firearm respectively and not by lathi.
“The third accused was also possessed of a lathi. The allegation of assault with lathis is omnibus. It cannot be said with certainty that the appellant also assaulted,”
he said.
Also Read: Calcutta HC directs party to pay Rs 20,000 for unnecessarily delaying trial in commercial suit
Refusing the same, the Additional Advocate General appearing for the respondent-State submitted that the accused was well aware of the co-accused carrying a country-made pistol and axe.
“The recovery of a bloodstained lathi and clothes of the appellants pursuant to his confession conclusively establish common intention,”
he said.
21589-2019-33-1502-25374-Judgement-12-Jan-2021