Supreme Court · 2008 INSC 829 · Decided 15 July 2008
Shashi Mohan v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 829 · [2008] 10 S.C.R. 978
- Case number
- CRIMINAL APPEAL No. 1093/2008
- Decided
- 15 July 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 302
Headnote
Penal Code, 1860: • s. 302 rlw s. 34 - Murder - Prosecution under alongwith c two other accused -Accused not armed with any weapon - No overt act attributed to him - Conviction by courts below - On r appeal, held: Conviction not justified - In the facts of the case accusation not proved show his sharing of common intention with other accused. D s. 34 - Common intention - Invocation- Scope of- Held: ., The aid of the provision is invoked when it is difficult to distin- guish between acts of individual members of a party acting in furtherance of common intention - For invocation of
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