Supreme Court · 1976 INSC 33 · Decided 20 February 1976

Ninaji Raoji Boudha & ANR. v. State of Maharashtra

Court
Supreme Court of India
Citation
1976 INSC 33 · [1976] 3 S.C.R. 428
Case number
CRIMINAL APPEAL No. 181/1971
Decided
20 February 1976
Bench
R.S. SARKARIA, P.N. SHINGAL (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 34, 147, 149

Headnote

·~ '- Indian Penal Code (Act 45 of 1860) s. 34-Common intention-Evide~e showing only intention to cause grievous hurt-Victim dying but no evidenCe as to who caused the only fatal injury-If Clccused could be convicted iiilder ss. 302 and 34. Nine accused were charged with offences of murder convicted the others under ss. 325 and· 147, I.P.C. On appeal by the State, the High Court convicted the two appellants also under s. 302 read with s. 34, I.P.C. Partly allowing their appeal to this Court, HELD : The High Court has not examined the liability of the accused with due regard

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