PASHORA SINGH AND ANR. versus STATE OF PUNJAB

PASHORA SINGH AND ANR. versus STATE OF PUNJAB

The appellant had no intention to cause death nor knowledge of likely death; only injury No.1 was dangerous to life but not sufficient in the ordinary course to cause death, and it was not established which accused inflicted it. Therefore, conviction under Section 307 read with Section 34 IPC cannot be sustained;...

Source-derived case information.

Parties
Appellant: Pashora Singh; Appellant: Lahora Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
09 October 1992
Procedural Posture
Criminal Appeal / Supreme Court (appeal by Special Leave)
Outcome
Appeal partly allowed
Legal Topics
Infliction of Injuries, Sentencing, Probation, Section 307 IPC, Section 326 IPC, Section 34 IPC
Criminal Law Infliction of Injuries Sentencing Probation Section 307 IPC Section 326 IPC Section 34 IPC

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Parties

Pashora Singh

Appellant

Lahora Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court (appeal by Special Leave)

Legal Issues

  1. 1 Whether the accused committed offence under Section 307 or Section 326 read with Section 34 IPC
  2. 2 Appropriate sentence for convicted offences

Ratio Decidendi

The appellant had no intention to cause death nor knowledge of likely death; only injury No.1 was dangerous to life but not sufficient in the ordinary course to cause death, and it was not established which accused inflicted it. Therefore, conviction under Section 307 read with Section 34 IPC cannot be sustained; conviction under Section 326 read with Section 34 IPC is appropriate.

Court Disposition

Appeal partly allowed

Orders

  • Conviction and sentence under Sections 307/34 IPC set aside
  • Conviction under Sections 326/34 IPC substituted