Supreme Court · 1996 INSC 584 · Decided 26 April 1996

Harijan Dhana Badha and ORS. ETC. ETC. v. State of Gujarat

Court
Supreme Court of India
Citation
1996 INSC 584 · [1996] SUPP. 2 S.C.R. 36
Case number
CRIMINAL APPEAL No. 592/1987
Decided
26 April 1996
Bench
M.K. MUKHERJEE, S.P. KURDUKAR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302

Headnote

cn·minal Law : Indian Penal Code 186()--Sections 148, 149 & 302:--Rioting with deadly C wcapom~ommon object-Two eye witnesse;-All accused amied with deadly weapons-Attack resulting in the death of one person-Held, there was a conunon intention to conunit Murder and hence all accused of D in prosecution of their common object. The D Trial Court acquitted eight of them and convicted A2, A6 and A7 under section 302 !PC. The Trial Court relied upon the evidence of two eye witnesses namely P.Ws. 1 & 3 and the medical evidence. The Trial Court held that the P.Ws. 1 and 3

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