Supreme Court · 2008 INSC 927 · Decided 12 August 2008
Aizaz & ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 927 · [2008] 12 S.C.R. 13
- Case number
- CRIMINAL APPEAL No. 193/2005
- Decided
- 12 August 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34
Headnote
13 AIZAZ & ORS. v. STATE OF U.P. (Criminal Appeal No. 193 of 2005) AUGUST 12, 2008 [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM ~ SHARMA, JJJ Penal Code, 1860: A B s. 302 rlw s. 34 and s. 307 r/w s. 34 - Prosecution under C - Of four accused - Eye-witnesses to the occurrence - Motive established witnesses are reliable. D s. 34 - Common intention - Applicability of - Held: Li­ ability under the provision is attracted when there is participa­ tion in a criminal act in furtherance of common intention - Participation need not be physical - Mere presence at the E scene of
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