Supreme Court · 2009 INSC 710 · Decided 6 May 2009
State of H.P. v. Nazar Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 710 · [2009] 7 S.C.R. 1117
- Case number
- CRIMINAL APPEAL No. 1403/2003
- Decided
- 6 May 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 34
Headnote
.· Penal Code, 1860 - s.304 Part II r/w s.34 - Culpable "" homicide not amounting to murder - Common intention - t Death due to armed assault - Four accused viz. 'S', 'J' and the two respondents - A/legation that 'S' inflicted two injuries c on deceased's head with a 'gandasi' On facts, there was no intention on part of any accused to cause death - Common intention, if any, assuming there was one, was to cause simple hurt as all ten injuries were found to be simple except one injury which D the deceased suffered on his forearm - If common intention was formed merely to
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