JAGIR SINGH versus STATE OF PUNJAB

JAGIR SINGH versus STATE OF PUNJAB

The conviction of the appellants under s. 302 read with s. 34 IPC was proper because the evidence showed that six persons including the two appellants acted in furtherance of common intention to commit murder, and the specific role by each was indeterminate, but common intention was clearly established. Thus, s. 34 is attracted and each is liable as if he committed the murder alone.

Parties
Appellant: Jagir Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
21 March 1967
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal by Special Leave From Punjab High Court
Outcome
appeal dismissed
Legal Topics
Murder, Common Intention, Section 34 IPC, Section 302 IPC, Section 201 IPC, Acquittal and Conviction of Co Accused
Criminal Law Murder Common Intention Section 34 IPC Section 302 IPC Section 201 IPC Acquittal and Conviction of Co Accused

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jagir Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal by Special Leave From Punjab High Court

Legal Issues

  1. 1 Whether accused can be convicted under s. 302 read with s. 34 IPC when only some of the named accused are convicted and others are acquitted
  2. 2 Applicability of s. 34 IPC where participation of all is established but role of each is uncertain

Ratio Decidendi

The conviction of the appellants under s. 302 read with s. 34 IPC was proper because the evidence showed that six persons including the two appellants acted in furtherance of common intention to commit murder, and the specific role by each was indeterminate, but common intention was clearly established. Thus, s. 34 is attracted and each is liable as if he committed the murder alone.

Court Disposition

appeal dismissed

Orders

  • Accused 1 and 5 are convicted under s. 302 read with s. 34 IPC and sentenced to death.
  • Accused 1 and 5 are also convicted and sentenced under s. 201 read with s. 34 IPC.