BABU RAM AND ANR. versus STATE OF U.P. AND ORS.

BABU RAM AND ANR. versus STATE OF U.P. AND ORS.

Accused Ram Swarup and Raja Ram, both armed with guns, fired simultaneously at deceased Mangali, fatally injuring him and shared common intention to cause death, thereby guilty under Section 302/34 IPC. Accused Babu Ram and Deshraj who assaulted with lathi did not share the common intention to cause death, as evidence showed the assault was over before the guns were fired; they are liable only under Section 325/34 IPC for causing grievous hurt.

Parties
Appellant: Babu Ram; Appellant: Deshraj; Appellant: Ram Swarup; Appellant: Raja Ram; Respondent: State of U.P.; Respondent: Om Hari Sharma; Respondent: Prashant Choudhary; Respondent: Pramod Swarup
Jurisdiction
India
Judgment Date
01 August 2002
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence by High Court
Outcome
Criminal Appeal 255/2001 partly allowed (conviction for murder set aside for Babu Ram and Deshraj); Criminal Appeal 256/2001 dismissed (conviction for murder affirmed for Ram Swarup and Raja Ram)
Legal Topics
Murder, Common Intention, Unlawful Assembly, Appreciation of Evidence
Criminal Law Murder Common Intention Unlawful Assembly Appreciation of Evidence

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Parties

Babu Ram

Appellant

Deshraj

Appellant

Ram Swarup

Appellant

Raja Ram

Appellant

State of U.P.

Respondent

Om Hari Sharma

Respondent

Prashant Choudhary

Respondent

Pramod Swarup

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence by High Court

Legal Issues

  1. 1 Whether all accused were guilty of murder with common intention under Section 302/34 IPC
  2. 2 Whether lathi assaultors shared common intention to cause death
  3. 3 Effect of non-examination of eye-witness

Ratio Decidendi

Accused Ram Swarup and Raja Ram, both armed with guns, fired simultaneously at deceased Mangali, fatally injuring him and shared common intention to cause death, thereby guilty under Section 302/34 IPC. Accused Babu Ram and Deshraj who assaulted with lathi did not share the common intention to cause death, as evidence showed the assault was over before the guns were fired; they are liable only under Section 325/34 IPC for causing grievous hurt.

Court Disposition

Criminal Appeal 255/2001 partly allowed (conviction for murder set aside for Babu Ram and Deshraj); Criminal Appeal 256/2001 dismissed (conviction for murder affirmed for Ram Swarup and Raja Ram)

Orders

  • Babu Ram and Deshraj convicted under Section 325/34 IPC, sentenced to 3 years rigorous imprisonment and fined Rs. 1,000 each; in default, further 3 months imprisonment.
  • Ram Swarup and Raja Ram convicted under Section 302/34 IPC, sentenced to life imprisonment.