Supreme Court · 2008 INSC 1404 · Decided 5 December 2008

Laxmanji and ANR. v. State of Gujarat

Court
Supreme Court of India
Citation
2008 INSC 1404 · [2008] 17 S.C.R. 171
Case number
CRIMINAL APPEAL No. 1972/2008
Decided
5 December 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (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 and s.326 rlw s.34 - Four accused - ~ Accused nos. 2 and 3, who were unarmed, caught hold of the victim while accused no.1, who was carrying a knife, inflicted knife blows on right abdomen and thigh of the victim - Victim taken to hospital where he died D nos. 2 and 3 u/s.302 rlw s.34 - Justification of - Held: Not justified - Accused nos. 2 and 3 cannot· be attributed any common intention to cause the murder of the victim - Hence, appropriate conviction would be under s.326 rlw s.34 and not uls.302 rlw s.34. E s.34 - Applicability of

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