MAHABIIT GOPE versus STATE OF BIHAR

MAHABIIT GOPE versus STATE OF BIHAR

Section 303 of the Indian Penal Code applies to a person undergoing life imprisonment who is convicted of murder under s.302 read with s.34 or s.302 read with s.149, as constructive liability makes him legally responsible for murder.

Parties
Appellant: Mahabir Gope; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
04 May 1962
Procedural Posture
Criminal Appeal / Final Judgment on Appeal From High Court Decision and Death Sentence Confirmation
Outcome
Appeal dismissed
Legal Topics
Constructive Murder, Sentence of Death, Life Convict, Indian Penal Code S.34, S.149, S.302, S.303
Criminal Law Constructive Murder Sentence of Death Life Convict Indian Penal Code S.34, S.149, S.302, S.303

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Parties

Mahabir Gope

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal From High Court Decision and Death Sentence Confirmation

Legal Issues

  1. 1 Whether section 303 of the Indian Penal Code applies to a convict of murder under section 302/34 or 302/149 while undergoing life imprisonment

Ratio Decidendi

Section 303 of the Indian Penal Code applies to a person undergoing life imprisonment who is convicted of murder under s.302 read with s.34 or s.302 read with s.149, as constructive liability makes him legally responsible for murder.

Court Disposition

Appeal dismissed

Orders

  • Death sentence of appellant confirmed
  • Appellant to bear costs