Supreme Court · 2000 INSC 184 · Decided 4 April 2000

Jaswant Singh v. State of Haryana

Court
Supreme Court of India
Citation
2000 INSC 184 · [2000] 2 S.C.R. 903
Case number
CRIMINAL APPEAL No. 722/1993
Decided
4 April 2000
Bench
D.P. WADHWA, RUMA PAL (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 323, 149, 34, 97, 141; CrPC Section 161(2), 162

Headnote

Penal Code, 1860 : Sections 302, 323, 149 and 34-Death of two persons caused by nine accused persons by fanning an unlawful assembly­ Multiple injuries inflicted with guns, spears lathis etc.-Injuries sufficient to cause death in the ordinary course of nature-Trial Court convicted the accused accused guilty under Section 302134 /PC-Acquitted the other five accused-On appeal, Held: With regard to Section 34 IPC, promotion and facilitation of crime is required in addition to common intention whereas regarding Section 149 !PC, mere presence in the unlawful assembly is sufficient-In

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