AIR 2019 SUPREME COURT 1891 ::AIROnline 2019 SC 842 ::(2019) 2 CriLR(Raj) 500 ::2019 (2) SCC (Cri) 375 ::2019 (4) SCC 795 ::(2019) 74 OCR 707 ::(2019) 6 Scale 104 ::2019 CriLR(SC MAH GUJ) 500

Supreme Court Of India

(From: Kerala)

Hon'ble Judge(s): A. M. Khanwilkar, Ajay Rastogi , JJ

(A) Penal Code (45 of 1860) , S.302, S.149, S.34— Murder - Common object or intention - Non-applicability of S.149 is no bar in convicting accused under S. 302 read with S. 34 unless there is evidence disclosing commission of offence in furtherance of common intention. AIR 2017 SC 4866, Rel. on. (Para 22) (B) Penal Code (45 of 1860) , S.302, S.34— Evidence Act (1 of 1872) , S.3, S.8— Murder - Accused and co-accused persons allegedly stabbed deceased persons with dagger out of dispute regarding termination of Katheeb of mosque and caused their deaths - Evidence establishing presence of accused persons at time of occurrence armed with sharp edged weapons - Genesis of offence and motive, established - Co-accused persons shared common intention with accused by causing bodily injuries to one of the deceased persons - S. 34 is applicable, though injuries inflicted by co-accused persons may not be on vital part of body of deceased - Act of accused or co-accused persons not falling under any of exceptions to S. 300 - Conviction of accused @page-SC1892and co accused persons for offence under Ss. 302, 34, proper. (Para 18 19 23) .....