HETHUBHA ALIAS JITHUBA MADHUBA & ORS. versus THESTATE OF GUJARAT

HETHUBHA ALIAS JITHUBA MADHUBA & ORS. versus THESTATE OF GUJARAT

The Supreme Court held that the third judge under s. 429 CrPC may deal with the entire case, not just the points of difference, and that common intention under s. 34 IPC was established by a pre-arranged plan and participation, so all accused were liable for murder even though the deceased was killed by mistake instead of the intended victim.

Parties
Appellant: Hethubha alias Jithuba Madhuba and Ors.; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
13 March 1970
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Section 34 IPC (common Intention), Section 429 Cr PC (procedure on Division of Opinion Among Judges), Mistake in Identity and Criminal Liability, Joint Liability for Murder
Criminal Law Section 34 IPC (common Intention) Section 429 Cr PC (procedure on Division of Opinion Among Judges) Mistake in Identity and Criminal Liability Joint Liability for Murder

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Parties

Hethubha alias Jithuba Madhuba and Ors.

Appellant

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the third judge under s. 429 CrPC can deal with the entire case or only the points of difference?
  2. 2 Whether common intention under s. 34 IPC can be inferred when the person killed was attacked by mistake instead of the intended victim?

Ratio Decidendi

The Supreme Court held that the third judge under s. 429 CrPC may deal with the entire case, not just the points of difference, and that common intention under s. 34 IPC was established by a pre-arranged plan and participation, so all accused were liable for murder even though the deceased was killed by mistake instead of the intended victim.

Court Disposition

Appeal dismissed

Orders

  • Accused must surrender to bail and serve out the sentences.