Supreme Court · 2011 INSC 333 · Decided 26 April 2011
Zahoor & ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 333 · [2011] 5 S.C.R. 881
- Case number
- CRIMINAL APPEAL No. 1331/2008
- Decided
- 26 April 2011
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
- '-· A B Penal Code, 1860 _ - s. 304 (I) read with s. · 34 - De'ath due to gunshots - Three accused - Conviction -u/s. 302 and C sentence of life imprisonment by the trial court- However, the High Court modified the conviction to one uls. 304 (/) · read with s. 34 on the pre-meditation - On appeal held: As_ regards two of the accused no overt act has been attributed to them - D They did not cause any injury to the deceased or to anybody else and the only allegation against _them is that they had exhorted their co-accused to shoot at the deceased - Thus, their
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