Supreme Court · 1999 INSC 27 · Decided 28 January 1999
Mohan Singh and ANR. v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 27 · [1999] 1 S.C.R. 276
- Case number
- CRIMINAL APPEAL No. 551/1998
- Decided
- 28 January 1999
- Bench
- G.B. PATTANAIK, AJAY PRAKASH MISRA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; CrPC Section 154; Evidence Act Section 45; Arms Act Section 25, 27
Headnote
SINGH AND ANR. v. STATE OF M.P. JANUARY 28, i999 [G.B. PATTANAIK AND A.P. MISRA, JJ.) Indian Penal Code, 1860-Sections 302 & 34-Murder Common inten­ tiort-f'roof of-No fire arm used by accused K and no active role assigned to him-Role assigned to him is merely exhortiort-Murder not two accused because of which common intention had already mature~Words used by accused can mean both kill or beat-Exhortion attributed to accused cannot lead to conclusion D that it was with same intention to kill deceased-Held, accused 'K' is entitled to benefit of doubt. Evidence Act,
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