DHANESHWAR MAHAKUD AND ORS. versus STATE OF ORISSA

DHANESHWAR MAHAKUD AND ORS. versus STATE OF ORISSA

Each accused propagating common intention can be convicted under Section 302 read with Section 34 IPC, even if charged only under Section 149; conviction affirmed as evidence established common intention and fatal assault was perpetrated in furtherance thereof.

Parties
Appellant: Dhaneshwar Mahakud; Appellant: Ganeshwar Mahakud; Appellant: Dasratha Mahakud; Appellant: Kamala Kanta Mahakud; Respondent: State of Orissa
Jurisdiction
India
Judgment Date
05 April 2006
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal dismissed; conviction and sentence of life imprisonment for offence under Section 302 read with Section 34 IPC confirmed.
Legal Topics
Murder, Common Intention, Constructive Liability, Self Defence, Alibi
Criminal Law Murder Common Intention Constructive Liability Self Defence Alibi

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Parties

Dhaneshwar Mahakud

Appellant

Ganeshwar Mahakud

Appellant

Dasratha Mahakud

Appellant

Kamala Kanta Mahakud

Appellant

State of Orissa

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether conviction under Section 302 IPC with the aid of Section 34 IPC is permissible when originally charged under Section 302/149 IPC
  2. 2 Whether evidence established common intention among the accused to commit murder
  3. 3 Availability of right of private defence to accused

Ratio Decidendi

Each accused propagating common intention can be convicted under Section 302 read with Section 34 IPC, even if charged only under Section 149; conviction affirmed as evidence established common intention and fatal assault was perpetrated in furtherance thereof.

Court Disposition

Appeal dismissed; conviction and sentence of life imprisonment for offence under Section 302 read with Section 34 IPC confirmed.

Orders

  • Accused-appellants convicted and sentenced to life imprisonment under Section 302 read with Section 34 IPC instead of Section 302 simpliciter.