Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:s.302 r. w. s.34 - Common intention - Two accused, A-1 and A~2 - Jointly reached the spot - A-1 stabbed deceased repeatedly with knife - A-2 caused injuries to deceased with iron rod - Acquittal by Sessions Judge - Conviction under ss.302/34 by High Court - Challenged by A-2 on the ground that he was armed with iron rod which did not cause fatal injury and main injuries were given by A-1 - Held: Iron rod can also cause fatal injuries - Injuries sustained by A-2 while snatching back knife from deceased which deceased had snatched from A-1, show that A-2 shared common intention with A-1 to cause injuries to deceased - False implication ruled out as no enmity shown between eye-witness and accused-Essential conditions for application of s. 34 having been established, accused persons rightly convicted under ss.302/34. Prosecution case was that A-1 had borrowed Rs.300/- from the deceased. Accused did not repay the amount due to which their relations became strained. On the fateful day, the deceased and his cousin PW-1 were returning after attending the call of nature, when A-1 and A-2 suddenly appeared on the spot. A-1 stabbed the deceased repeatedly with a knife which he was carrying and A~2 caused injuries to the deceased with iron rod. After receiving injuries, the deceased died on the spot. The Sessions Judge acquitted both the accused A-1 and A-2. On appeal, High Court convicted accused under s.302 r.w. s.34 IPC. The appeal was filed only by A-2.The appellant contended that he cannot be held liable under s. 302 r.w. s. 34 IPC as the main injuries were given by A-1, who was armed with a knife and he was responsible for injuries to trachea and occipital region which proved fatal and that the appellant A-2 was armed with an iron rod and he did not cause any fatal injury. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2007 INSC 1201 |
Petitioner | Shaik China Brahmam |
Respondent | State Of A.p. |
SCR | [2007] 12 S.C.R. 657 |
Judgement Date | 2007-11-29 |
Case Number | 927 |
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