Supreme Court · 2002 INSC 319 · Decided 1 August 2002
Babu Ram and ANR. v. State of U.P. and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 319 · [2002] SUPP. 1 S.C.R. 366
- Case number
- CRIMINAL APPEAL No. 255/2001
- Decided
- 1 August 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 147, 148, 149, 302, 325; Evidence Act
Headnote
Penal Code: Sections 34, 147, 148, 149, 302 and 325: Murder-Act of assault by lathi-Subsequent/y, act of firing by other C accused persons-Caused death of victim-Inference-Held, Absence of direct or circumstantial evidence-Evidence of eye-witnesses confirm that act of assault was over when gun inference cannot be drawn that accused were sharing common intention with other accused, and D death of the victim was caused due to their concerted action. E Murder-Simultaneous firing by accused persons-Death of victim­ Whether accused were sharing common intention-Held, yes, since
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