Supreme Court · 1970 INSC 72 · Decided 24 March 1970
Noor Mohammad MOHD. Yusuf Momin v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 1970 INSC 72 · [1971] 1 S.C.R. 119
- Case number
- CRIMINAL APPEAL No. 24/1968
- Decided
- 24 March 1970
- Bench
- M. HIDAYATULLAH, A.N. RAY, I.D. DUA (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 109, 34; CrPC Section 417(3)
Headnote
Criminal law-Difference between conspiracy, comnion intention and abetment-lndian Penal Code, (Act 45 of 1860), ss. 34, 109 and 1208- Scope of. Four accused were charged with the offences under s. 120·B (cons­ piracy to commit murder) and s. 302 read with s. 34. The fourth accused was 109 for the offence of abetting the murder committed by the other three accused. The accused 2 to 4 were related to one another while the first accused was a servant of the brother of the second accused. There were constant disputes between the fourth accused and the deceased over a right of
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