Supreme Court · 2008 INSC 1476 · Decided 18 December 2008
Nagaraja v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1476 · [2008] 17 S.C.R. 1127
- Case number
- CRIMINAL APPEAL No. 2067/2008
- Decided
- 18 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 302, 34, 323
Headnote
PENAL CODE, 1860: s.302134 323 - Murder - Conviction uls 302134 by trial court, affirmed by High Court - Three accused alleged to have, c assaulted deceased, one with iron rod, other with fists and the third one was stated to have kicked him - The last one filing appeal - Held: Appellant cannot be fact that he was unarmed and presumed to have been performing his duties at his place of employment, it D cannot be said that he formed common intention at the spot' to murder deceased - He is accordingly convicted uls 323, " and sentenced to the period already undergone. The appellant (A-3)
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