CHITTARMAL versus STATE OF RAJASTHAN

Appellants' conviction under Section 302/149 IPC is not sustainable due to fewer than five participants; evidence establishes common intention, permitting conviction under Section 302 read with Section 34 IPC. Conviction altered accordingly.

Parties: Appellant: Chittarmal; Appellant: Moti; Respondent: State of Rajasthan
Jurisdiction: India
Judgment Date: 08 January 2003
Procedural Posture: Criminal Appeal / Supreme Court Final Judgment
Outcome: Appeals dismissed; conviction and life sentence maintained under Section 302 read with Section 34 IPC in place of Section 302 IPC.
Legal Topics: Murder, Attempt to Murder, Constructive Liability, Common Intention, Common Object

Criminal Law Murder Attempt to Murder Constructive Liability Common Intention Common Object

Case Brief

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Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

Chittarmal

Appellant

Moti

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

1 Whether conviction under Section 302 IPC is sustainable when charge was framed under Section 302/149 IPC and number of accused is less than five
2 Distinction and applicability of Section 34 and Section 149 IPC in the facts of the case

Ratio Decidendi

Court Disposition

Appeals dismissed; conviction and life sentence maintained under Section 302 read with Section 34 IPC in place of Section 302 IPC.

Orders

Conviction of appellants altered to one under Section 302/34 IPC; life imprisonment maintained.
Other accused acquitted; charge under Section 302/149 IPC does not stand.