Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Common intention principle of joint liability |
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, 143 and 148 - Murder - Of husband, by the wife's father and uncles - Five accused - Conviction of accused nos. 3, 4 & 5 (appellants) u/s.302 r/w s.34 - Justification - Held: Justified - Deceased was done to death in furtherance of common intention - The fact that accused nos.3 and 4 held the deceased and facilitated accused no. 5 to give the fatal blow and made no effort to prevent him from assaulting the deceased leads to the irresistible and inescapable conclusion that accused nos. 3 and 4 shared the common intention with accused no. 5 - Intention of accused no.5 clear from the nature of weapon used (jambia) and the severity of attack which was in the area of chest penetrating deep inside up to heart and liver which caused the death of the deceased. Penal Code, 1860 - s. 34 - Scope of - Common intention - Held: s.34 IPC lays down a principle of joint liability in the doing of a criminal act - The common intention is gathered from the manner in which the crime has been committed, the conduct of the accused soon before and after the occurrence, the determination and concern with which the crime was committed, the weapon carried by the accused and from the nature and injury caused by one or some of them - For arriving at a conclusion whether the accused had the common intention to commit an offence of which they could be convicted, the totality of circumstances must be taken into consideration. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2013 INSC 148 |
Petitioner | Goudappa & Ors. |
Respondent | State Of Karnataka |
SCR | [2013] 4 S.C.R. 547 |
Judgement Date | 2013-03-11 |
Case Number | 229 |
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