Supreme Court · 2009 INSC 42 · Decided 20 January 2009
Daya Shankar v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 42 · [2009] 1 S.C.R. 386
- Case number
- CRIMINAL APPEAL No. 105/2009
- Decided
- 20 January 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34
Headnote
Penal Code, 1860: c s.302 rlw s.34 - Conviction under- Applicability of s.34 challenged - Held: No overl act attributed to appellant - Mere fact that he was in company of accused who were armed not sufficient to attract s.34 - Appellant was not armed and had no animosity with deceased - Stand that was not established - Appellant not guilty by ~ application of s.34. s.34 - Common intention - Nature and applicability of. E Prosecution case was that the deceased had eloped with the sister of A-2 and performed marriage _with her. They started living in some other village and ret~ned to
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