AKLOO AHIR versus STATE OF BIHAR

AKLOO AHIR versus STATE OF BIHAR

Conviction of the appellant under Section 302/34 IPC is not maintainable in absence of evidence of prior concert or common intention, but conviction under Section 307 IPC is sustained since appellant fired with intent, though the shot missed; sentence under Section 307 IPC reduced from ten to five years.

Parties
Appellant: Akloo Ahir; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
11 March 2010
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment & Order Dated 29.10.2003 in Cr. Appeal No. 36 of 2000
Outcome
Appeal dismissed with modification
Legal Topics
Section 307 IPC, Section 302 IPC, Section 34 IPC, Section 27 Arms Act, Conviction and Sentence, Common Intention, Pre Concert
Criminal Law Section 307 IPC Section 302 IPC Section 34 IPC Section 27 Arms Act Conviction and Sentence Common Intention Pre Concert

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Parties

Akloo Ahir

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment & Order Dated 29.10.2003 in Cr. Appeal No. 36 of 2000

Legal Issues

  1. 1 Whether conviction under Section 302/34 IPC against Akloo Ahir was justified in absence of evidence of common intention or pre-concert
  2. 2 Whether sentence under Section 307 IPC should be reduced

Ratio Decidendi

Conviction of the appellant under Section 302/34 IPC is not maintainable in absence of evidence of prior concert or common intention, but conviction under Section 307 IPC is sustained since appellant fired with intent, though the shot missed; sentence under Section 307 IPC reduced from ten to five years.

Court Disposition

Appeal dismissed with modification

Orders

  • Conviction under Section 307 IPC maintained.
  • Sentence under Section 307 IPC reduced from ten years to five years.