Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 186(}-Section 302/34 and 324/34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860-Section 302/34 and 324/34--Common intention--Ocular evidence that appellants chased and surrounded deceased when he was attacked by other accused-No role attributed to them in FIR-Evidence of PW1 of their having assaulted deceased with lathis--Whether their common intention was to commit murder-Held,No- Their common intention was to cause injuries to deceased with a deadly weapon-Conviction u/s 302/34--Not sustainable-Accused convicted u/s 324/34. The three appellants had been convicted u/s 302/34 IPC, for assaulting the deceased with lathis. A heated altercation took place between the deceased and the accused over dismantling of the mend which divided their respective agricultural lands. While the altercation was going on, the three appellants reached there armed with lathis. Trial Court convicted them primarily upon the ocular evidence that the appellants assaulted the deceased with lathis while other accused assaulted him with spear resulting in his death and thereby concluding that they shared the common intention of committing the murder of deceased. In appeal, the High Court concurred with all the findings recorded by the trial judge and dismissed the appeal. This appeal had been filed against the judgment of the High Court. Both the courts took into consideration the fact that testimony of PW 1 stood corroborated by the FIR, which he lodged with utmost dispatch. It was not stated in the FIR that the appellants had also assaulted the deceased much less with lathis. The respondents urged that even if the testimony of PW1 that the three appellants assaulted the deceased could be relied upon as he did not attribute any such role to them in the FIR still then their conviction under Section 302 r/w 34 IPC for committing the murder of the deceased should be upheld having regard to the fact that the evidence of PW1 that the appellants had chased and surrounded the deceased when he was attacked by the other accused stood corroborated by the FIR and that their such criminal acts, clearly established their common intention to commit the murder. |
Judge | Hon'ble Mr. Justice M.K. Mukherjee |
Neutral Citation | 1995 INSC 29 |
Petitioner | Sh. Jagannath And Ors. |
Respondent | State Of Uttar Pradesh |
SCR | [1995] 1 S.C.R. 198 |
Judgement Date | 1995-01-12 |
Case Number | 63 |
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