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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)