Case Note & Summary
The case involved an appeal by the State of U.P. against the judgment of the Allahabad High Court which had altered the conviction of the accused from murder to culpable homicide not amounting to murder. The incident occurred on March 6, 1977, when the deceased, Sukhuwa, was returning from a Holi festival with his sons and brother. They were attacked by the accused, who were armed with lathis, resulting in fatal injuries to Sukhuwa. The post-mortem revealed multiple serious injuries, and the doctor confirmed that these injuries were sufficient to cause death. The sessions court convicted the accused under Section 302 read with Section 34 of the Indian Penal Code (IPC), sentencing them to life imprisonment. However, the High Court accepted the evidence but concluded that the accused lacked the intention to kill, which the Supreme Court found to be a manifest error. The Supreme Court emphasized that the common intention to kill could be inferred from the circumstances of the attack, including the fact that the deceased and his companions were unarmed and the nature of the injuries inflicted. The Supreme Court allowed the appeal, reinstated the conviction under Section 302 IPC, and directed the accused to be taken into custody to serve their sentence.
Headnote
A) Criminal Law - Murder - Common Intention - Conviction under Section 302 IPC - The court found that the accused shared a common intention to kill the deceased as they attacked him with lathis, causing fatal injuries. The High Court's conclusion of culpable homicide not amounting to murder was deemed erroneous, leading to the reinstatement of the conviction under Section 302 IPC. Held that the circumstances indicated a clear intent to kill (Paras 1-2).
Issue of Consideration
Whether the accused shared common intention to cause death or if the offence was one under section 304, part II of the Indian Penal Code.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and reinstated the conviction of the accused under Section 302 read with Section 34 IPC, sentencing them to life imprisonment.
Law Points
- Murder
- Common intention
- Culpable homicide
- Evidence evaluation
- Intent to kill
