CHAMAN & ANR. versus STATE OF UTTARANCHAL

CHAMAN & ANR. versus STATE OF UTTARANCHAL

Where two or more persons intentionally do an act jointly in furtherance of a common intention, Section 34 IPC applies and each is liable for the act as if done by him alone; on the facts proven by eyewitnesses the convictions under Section 302 read with Section 34 (and the additional conviction under Section 323 against Vinod Kumar) were correctly upheld, and the appeal is dismissed.

Parties
Appellant: Chaman; Appellant: Vinod Kumar; Respondent: State of Uttaranchal
Jurisdiction
India
Judgment Date
01 December 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Common Intention, Section 34 IPC, Joint Liability, Homicide (section 302 Ipc)
Criminal Law Evidence Indian Penal Code Common Intention Section 34 IPC Joint Liability Homicide (section 302 Ipc)

Case Brief

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Parties

Chaman

Appellant

Vinod Kumar

Appellant

State of Uttaranchal

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether Section 34 IPC was attracted and applicable to the accused
  2. 2 Whether appellants were guilty of offense punishable under Section 302 read with Section 34 IPC
  3. 3 Whether the juvenile certificate dated 20.8.2008 could be relied upon

Ratio Decidendi

Where two or more persons intentionally do an act jointly in furtherance of a common intention, Section 34 IPC applies and each is liable for the act as if done by him alone; on the facts proven by eyewitnesses the convictions under Section 302 read with Section 34 (and the additional conviction under Section 323 against Vinod Kumar) were correctly upheld, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Convictions under Section 302 read with Section 34 IPC upheld and sentences of life imprisonment affirmed as to the appellants Chaman and Vinod Kumar