Supreme Court · 2007 INSC 673 · Decided 31 May 2007
Manik Das and ORS. v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2007 INSC 673 · [2007] 7 S.C.R. 863
- Case number
- CIVIL APPEAL No. 1254/2006
- Decided
- 31 May 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IPC Section 302134, 302, 34, 147; CrPC Section 164
Headnote
Penal Code, 1860 : ss.302134-Murder-Joint liability-Trial court convicting ftve accused C of the charge-High Court affirming conviction and life sentence-Held: Essence of the liability is to be found in exercise of a common intention animating the accused leading to doing of a criminal act in accused himself-On facts, injuries found on post-mortem report correspond to version given by eye-witnesses-Two eye witnesses categorically D named four accused-One of them further named the fifth accused specifically- It cannot be said that prosecution has failed to establish its case.
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