Supreme Court · 2004 INSC 79 · Decided 4 February 2004
Girija Shankar v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 79 · [2004] 2 S.C.R. 73
- Case number
- CRIMINAL APPEAL No. 1034/1997
- Decided
- 4 February 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 394, 307
Headnote
B Penal Code, 1860: Section 302 rlw section 34-Deceased shot dead by one of the accused other than the appellant-No evidence to show that other accused persons C were aware that one of them was canying a gun or that he intended to use it-No role ascribed Lo appellant so far as death of deceased 34-Held, the evidence on record does not show that the accused persons shared the common intention to kill the deceased-Neither the trial D court nor the High Court assigned any reason for applying Section 34- Appellant cannot be convicted in terms of Section 302 read with Section 34 !PC Section
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