Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – Murder – Common intention |
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 – Murder – Common intention – Dispute w.r.t partition of land– Victim was beaten resulting in his death, PW1 (his brother) also suffered injuries – Respondent convicted along with 5 others – Respondent’s appeal partly allowed by High Court, holding that he did not share common intention to cause death of deceased as he only inflicted wounds on his feet with a ‘lathi’, was directed to be released having suffered the maximum punishment provided for the offence – Conviction of other 3 co-convicts (‘DS’, ‘BS’, ‘MS’), not challenged herein – Two others (‘MK’, ‘JK’) were acquitted, acquittal w.r.t ‘MK’ has become final – Held: Challenge to the acquittal of ‘JK’ dismissed – In case of respondent, common intention to inflict injuries and cause the death of deceased can be gathered from his action – PW-1 and his wife PW-2 saw the deceased coming from a flour mill which was near the Gurudwara when they were going to the Gurudwara in the village – Respondent and the co-convicts accosted the deceased – Respondent had come with ‘lathi’, while others were seen with an axe, toka and gandasi – They surrounded the deceased – Respondent then struck the feet of the deceased with ‘lathi’, who fell-down – Thereupon, respondent and the co-convicts had beaten and inflicted injuries and wounds to deceased – Respondent shared common intention to cause injuries with other co-convicts – Crime was committed in furtherance of common intention leading to the death of deceased – Therefore, all of them, including respondent, would be responsible for offence u/s. 302, irrespective of the part played by them – Impugned judgment acquitting respondent u/s. 302 set aside – Convicted u/s. 302 r/w s. 34 – Conviction u/s. 324 for injuries inflicted on PW-1, maintained – Conviction u/s.149 r/w s.148 not sustainable – Respondent to surrender – Code of Criminal Procedure, 1973 – s. 428.Penal Code, 1860 – s. 34 – Application of – Discussed. Penal Code, 1860– s. 34 – Common intention – Evidence– Held: Common intention can be formed at the spur of the moment and during the occurrence itself – It is a psychological fact and as such, direct evidence normally will not be available – In most cases, whether or not there exists a common intention, has to be determined by drawing inference from the facts proved – Constructive intention can be arrived at only when the court can hold that the accused must have preconceived the result that ensued in furtherance of the common intention. |
Judge | Hon'ble Mr. Justice Sanjiv Khanna |
Neutral Citation | 2022 INSC 1260 |
Petitioner | The State Of Rajasthan |
Respondent | Gurbachan Singh & Others |
SCR | [2022] 16 S.C.R. 73 |
Judgement Date | 2022-12-07 |
Case Number | 2201 |
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