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 | Ss.302/34, 323/34 and 304 Part II-Prosecution u/s 302/34 for murder of one and injuries to others-Injuries caused in course of sudden quarrel-Trial Court convicted 10 accused u/s 323/34 holding offence u/s 302/34 not made out in absence of evidence showing as to which injury was attributable to which accused-One of the accused acquitted-Judgment of Trial Court upheld by High Court-On appeal, held: Conviction u/s 323 not justified-However, in view of the fact that injuries caused in course of sudden quarrel accused convicted u/s 304 Part -Acquittal of one of the accused is justified.Section 34-Nature and applicability of-Held: It is only a rule of evidence and does not create a substantive offence-Proof of common intention can only be inferred from circumstances appearing from proved facts-For applying the provision it is not necessary to show some overt act. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 67 |
Petitioner | State Of M.p. |
Respondent | Deshraj And Ors. |
SCR | [2004] 1 S.C.R. 1185 |
Judgement Date | 2004-01-29 |
Case Number | 1055 |
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