MANGU KHAN AND ORS. versus STATE OF RAJASTHAN

MANGU KHAN AND ORS. versus STATE OF RAJASTHAN

Conviction under Section 302 IPC read with Section 34 is justified where evidence establishes common intention among accused to cause fatal injuries, even if precise blow cannot be attributed to individual accused, and discrepancies or minor injuries to accused do not vitiate prosecution case.

Source-derived case information.

Parties
Appellant: Mangu Khan and Ors.; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
24 February 2005
Procedural Posture
Criminal Appeal / Supreme Court Appellate Judgment
Outcome
Appeals dismissed
Legal Topics
Murder, Common Intention, Appreciation of Evidence, Indian Penal Code, Right of Private Defence
Criminal Law Murder Common Intention Appreciation of Evidence Indian Penal Code Right of Private Defence

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Parties

Mangu Khan and Ors.

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether conviction under Section 302 IPC read with Section 34 is justified when individual injuries cannot be ascribed to particular accused.
  2. 2 Whether failure to explain injuries sustained by accused vitiates prosecution case.
  3. 3 Whether High Court can convict under Section 302 read with Section 34 when Sessions Court acquitted under Section 302.

Ratio Decidendi

Conviction under Section 302 IPC read with Section 34 is justified where evidence establishes common intention among accused to cause fatal injuries, even if precise blow cannot be attributed to individual accused, and discrepancies or minor injuries to accused do not vitiate prosecution case.

Court Disposition

Appeals dismissed

Orders

  • Appellants convicted under Section 302 IPC read with Section 34 and Section 323/34 IPC; sentenced to life imprisonment and fines as imposed by High Court; sentences to run concurrently.