Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:s.302 r/w s.34 - Conviction under- Applicability of s.34 challenged - Held: No overt act attributed to appellant - Mere fact that he was in company of accused who were armed not sufficient to attract s.34 - Appellant was not armed and had no animosity with deceased - Stand that he pulled the legs of deceased was not established - Appellant not guilty by ~ application of s.34. s.34 - Common intention - Nature and applicability of. Prosecution case was that the deceased had eloped with the sister of A-2 and performed marriage _with her. They started living in some other village and returned to his village a month before the incident. On the fateful day, when deceased went to the fields to answer to call of '> F nature, A-2 armed with sword, A-3 armed with axe along with A-1 (appellant) and A-4 reached there. Appellant and A-4 pulled the legs of deceased and threw him on the ground. Deceased fell on the crops in the field. A-2 assaulted the deceased by sword on the chest and then G placed his sword on the chest of the deceased. On account of beatings, the deceased died. The Trial Court convicted the accused persons under s.302 r. w. s.34 IPC. Before the High Court, the basic stand was that the prosecution failed to prove common intention on the part of the appellant and therefore, s.34 IPC had no application; and that merely because the appellant had accompanied other accused persons, that was not sufficient to warrant presumption of common intention. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 42 |
Petitioner | Daya Shankar |
Respondent | State Of M.p. |
SCR | [2009] 1 S.C.R. 386 |
Judgement Date | 2009-01-20 |
Case Number | 105 |
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