Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – s.302 r/w s.34 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 – Murder – Common intention –Two accused, A-2 (respondent no.1) and his son (A-1) – Three PWs – Sessions Court convicted A-1 u/s.302 and A-2 u/s. 302 r/w 34 – High Court affirmed conviction of A-1, but, acquitted A-2 – On appeal by first informant/ son of deceased, held: High Court erred in acquitting A-2 – All three PWs were consistent and fully supported the case of prosecution – Even as per the High Court the motive was established and proved – High Court also observed that due to land dispute there was enmity between the parties – Therefore, High Court ought to have appreciated that A-2 was rightly convicted with the aid of s.34 as he with a common intention to kill the deceased accompanied his son and on finding the deceased sleeping on the different cot exhorted his son to kill him and thereafter his son (A-2) killed the deceased by fire arm – Once the presence of A-2 was established and proved and specific role of exhortation was assigned to him, the High Court ought to have confirmed the conviction of A-2 u/s.302/34 – Judgment of trial court convicting A-2 u/s.302/34 and sentencing him to undergo life imprisonment, accordingly, restored. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 166 |
Petitioner | Omkar Singh |
Respondent | Jaiprakash Narain Singh & Anr. |
SCR | [2022] 1 S.C.R. 550 |
Judgement Date | 2022-02-09 |
Case Number | 84 |
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