Case Note & Summary
The case involved an appeal by Damodar against his conviction for murder under Section 302 IPC read with Section 34 IPC. The trial court had convicted him and his co-accused, Ravindra Singh, sentencing them to life imprisonment. The High Court affirmed this conviction. The incident occurred on 21st July 1979, when the deceased, Guru Narayan, was shot by Ravindra Singh at the exhortation of Damodar. The deceased was returning home with his wife and brother-in-law when the attack occurred. The first information report was lodged promptly, and medical evidence corroborated the cause of death. The court noted that the testimonies of the witnesses were credible and consistent. The appellant argued that mere exhortation was insufficient for a conviction under Section 34 IPC, claiming a lack of prior agreement between the accused. However, the court found that the facts indicated a clear common intention to commit murder, as both parties had a history of animosity. The court dismissed the appeal, affirming the conviction and ordering the appellant to serve his sentence after cancelling his bail. The judgment underscored the importance of common intention in joint criminal acts, particularly in murder cases.
Headnote
A) Criminal Law - Exhortation and Common Intention - Application of Section 34 IPC - Indian Penal Code, 1860, Section 34 - The court held that the appellant's exhortation to his co-accused to fire at the deceased established common intention, justifying the conviction under Section 34 IPC. The evidence showed that the appellant was actively involved in the commission of the crime, leading to the dismissal of the appeal (Paras 1-6).
Issue of Consideration
Whether the appellant's exhortation constituted sufficient grounds for conviction under Section 34 IPC.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction and sentence of life imprisonment for the appellant. The court ordered the cancellation of the appellant's bail and directed his immediate custody to serve the remainder of the sentence.
Law Points
- Exhortation
- Common intention
- Section 34 IPC
- Conviction
- Murder
