Case Note & Summary
The case involved an appeal by the appellant against a conviction for murder under the Indian Penal Code. The appellant, along with Badri and others, was convicted by the Sessions Judge for the murder of Keshrabai, who was attacked in her home on July 6, 1993. The deceased suffered multiple injuries, as confirmed by the postmortem examination conducted by Dr. R.C. Hanotiya. The Sessions Judge relied on the testimony of Annuabai, the deceased's daughter, who was present during the incident. The High Court upheld the conviction, modifying it to reflect a conviction under Section 302/34 IPC instead of Section 302 IPC alone. The appellant contended that he did not share a common intention to kill the deceased, as the overt acts were attributed to Badri. The court analyzed the situation, noting that the attack was premeditated and involved multiple assailants, which indicated a shared intention to commit murder. The court found that the nature of the attack, the number of injuries inflicted, and the circumstances surrounding the incident supported the conclusion of common intention. Ultimately, the Supreme Court dismissed the appeal, affirming the conviction and ordering the cancellation of the appellant's bail bond.
Headnote
A) Criminal Law - Common Intention - Establishment of Common Intention - Indian Penal Code, 1860, Sections 302, 449 - The court held that the presence of multiple assailants armed with deadly weapons and the nature of the attack indicated a shared common intention to kill the deceased. The court found no merit in the appellant's argument that he lacked common intention, given the circumstances of the case (Paras 1-2).
Issue of Consideration
Whether the appellant developed a common intention to kill the deceased along with Badri and others.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction and sentence of life imprisonment for murder. The appellant's bail bond was cancelled, and he was ordered to surrender forthwith.
Law Points
- Common intention
- murder
- conviction
- appeal
- life imprisonment
