Supreme Court · 1997 INSC 699 · Decided 21 October 1997
Shiv Ram and ANR. ETC. v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 1997 INSC 699 · [1997] SUPP. 4 S.C.R. 531
- Case number
- CRIMINAL APPEAL No. 715/1997
- Decided
- 21 October 1997
- Bench
- M.M. PUNCHHI, S.P. KURDUKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 3021149, 148, 436, 449, 201, 302; CrPC
Headnote
B Penal Code, 1860 : Section 149-Common object-Determination of-Brutal murder of A-1 's brother whose head was severed prior to the mass murder in the instant C case-Manner of assault and the mode of brutality in the present crime indicates that common object of the unlawful assembly was not only to commit mass murder to take revenge against their family members-Jn these circumstances the plea of some of the accused D persons that they had nothing to do with the murders of A-l's brother not sustainable-Unlawful assembly could develop a common object on the spur of the moment to commit
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