BABU AND ANR. versus STATE REP. BY INSPECTOR OF POLICE, CHENNAI

BABU AND ANR. versus STATE REP. BY INSPECTOR OF POLICE, CHENNAI

Conviction under Section 302 IPC read with Section 34 IPC can be sustained based on evidence of common intention among A-1 to A-4, despite failure to establish unlawful assembly for application of Section 149 IPC; Exception 4 to Section 300 IPC is not attracted as the appellants acted with undue advantage and in a...

Source-derived case information.

Parties
Appellant: Babu; Appellant: Another (Anr.); Respondent: State Rep. by Inspector of Police, Chennai
Jurisdiction
India
Judgment Date
19 March 2013
Procedural Posture
Criminal Appeal / Final Supreme Court Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Common Intention, Culpable Homicide, Murder, Section 34 IPC, Section 302 IPC, Section 149 IPC, Exception 4 to Section 300 IPC
Criminal Law Common Intention Culpable Homicide Murder Section 34 IPC Section 302 IPC Section 149 IPC Exception 4 to Section 300 IPC

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Parties

Babu

Appellant

Another (Anr.)

Appellant

State Rep. by Inspector of Police, Chennai

Respondent

Procedural Posture

Criminal Appeal / Final Supreme Court Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether conviction under Section 302/149 IPC is sustainable when only four accused remain after acquittal of others
  2. 2 Whether evidence supports conviction under Section 302/34 IPC
  3. 3 Whether Exception 4 to Section 300 IPC is attracted on facts

Ratio Decidendi

Conviction under Section 302 IPC read with Section 34 IPC can be sustained based on evidence of common intention among A-1 to A-4, despite failure to establish unlawful assembly for application of Section 149 IPC; Exception 4 to Section 300 IPC is not attracted as the appellants acted with undue advantage and in a cruel and unusual manner, evidenced by multiple severe injuries, and the deceased was unarmed.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

  • Conviction and sentence of A-1, A-2, A-3 and A-4 under Section 302 read with Section 34 IPC upheld
  • Appeals dismissed