Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | lndian Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law - Four persons charged with substantive offence read with s. 34 - Three acquitted - Conviction of one under substantive offence read with s.34 - propriety of - Different situations considered - Indian Penal Code, 1860 (45 of 1860), ss. 34, 302 The four accused persons stood their trial before the Additional Sessions Judge for the murder of one Vishwanath, The charge against them was that they in view of their common grudge against the deceased, combined together and did away with the deceased. They were charged under s. 302 read with s. 34 of the Indian Penal Code and were also separately charged under s. 302 of the Penal Code. All pleaded not guilty to the charge and accused 1, 3 and 4 pleaded alibi, while accused 2 raised a plea of private defence. The learned Additional Sessions Judge acquitted all the accused on the ground that the prosecution witnesses were not speaking the truth and the version given by accused 2 was the probable one, The State preferred an appeal to the High Court against the order of acquittal under s. 302, read with s. 34, but not against the acquittal under s. 302 of the Penal Code. The High Court acquitted accused I, 3 and 4 on the ground that it was doubtful whether any one of them participated in the commission of the offence and convicted accused 2 on the ground that one or more of them might have participated in the offence. Accused 2, the appellant, therefore, filed this appeal and contended that when three of the four named accused, who were charged under s. 302, read with s. 34, were acquitted, the court could not convict only one of the accused on the basis of constructive liability. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1962 INSC 19 |
Petitioner | Krishna Govind Patil |
Respondent | State Of Maharashtra |
SCR | [1964] 1 S.C.R. 678 |
Judgement Date | 1963-01-23 |
Case Number | 201 |
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