Supreme Court · 2021 INSC 852 · Decided 9 December 2021
Gulab v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2021 INSC 852 · [2021] 9 S.C.R. 678
- Case number
- CRIMINAL APPEAL No. 81/2021
- Decided
- 9 December 2021
- Bench
- D.Y. CHANDRACHUD, A.S. BOPANNA, VIKRAM NATH (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 307
Headnote
Penal Code, 1860 - ss.302, 34 - Exhortation to co-accused who fired fatal shot - Common intention - Appellant convicted u/ s.302 r/w s.34 while the co-accused (since deceased) was convicted u/s.302; sentenced to imprisonment for held: Prosecution not required to prove that there was an elaborate plan between the accused to kill the deceased or a plan was in existence for a long time - A common intention to commit the crime is proved if the accused by their words or action indicate their assent to join in the
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