Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | concurrent finding common intention Section 302 r/w 34 of IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860: s. 302 r/w s. 34 - Murder - Conviction u/s. 302 r/w s. 34 - On facts, appellants and another co-accused came together, one accused abused the victim and one of them exhorted others - On such exhortation, two accused caught hold of the victim and two accused fired at the victim resulting in his death - On basis of the evidence of PW 6-single witness, trial court convicted and sentenced the appellants and co-accused u/s. 302/34 - High Court upheld the order - Interference with - Held: Not called for - There is no ground to interfere with the concurrent finding recorded by the courts below as to the reliability of PW-6 and to record the conviction - Evidence of PW-6 to the effect that all the appellants and another co-accused were doing illegal business of extorting money from the flat owners as also as regards the entire incident - Facts and circumstances clearly establish that there was prior concert and that the appellants acted in furtherance of common intention in committing the murder of the victim and thus, were rightly convicted u/s. 302/34. s. 34 - Common intention - Connotation of - Held: Common intention implies pre-arranged plan - Under s.34 a pre-concert in the sense of a distinct previous plan is not necessary to be proved - Essence of liability u/s. 34 is conscious mind of persons participating in the criminal action to bring about a particular result - Question whether there was any common intention or not depends upon inference to be drawn from the proved facts and circumstances of each case. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 27 |
Petitioner | Sudip Kr. Sen @ Biltu |
Respondent | State Of West Bengal & Ors. |
SCR | [2016] 1 S.C.R. 616 |
Judgement Date | 2016-01-07 |
Case Number | 17 |
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