RAJESH KUMAR versus STATE OF H.P.

RAJESH KUMAR versus STATE OF H.P.

The appellant could not be held liable under Section 302 read with Section 34 IPC for the fatal incised injury inflicted by the co-accused because the evidence showed the appellant inflicted injuries on non-vital parts, lost the danda when PW-14 snatched and threw it and thereafter ran away; Section 34 therefore did not apply to attribute the homicidal act to him, and his conviction was accordingly modified to an offence under Section 326 IPC with an appropriate sentence of three years' imprisonment.

Parties
Appellant: Rajesh Kumar; Respondent: State of H.P.
Jurisdiction
India
Judgment Date
03 October 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal partly allowed
Legal Topics
Section 302 IPC, Section 34 IPC, Section 326 IPC, Common Intention, Related Witnesses
Criminal Law Evidence Section 302 IPC Section 34 IPC Section 326 IPC Common Intention Related Witnesses

Case Brief

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Parties

Rajesh Kumar

Appellant

State of H.P.

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether Section 34 IPC was attracted so as to hold the appellant liable for the homicidal injury caused by co-accused
  2. 2 Whether the prosecution proved common intention to cause death
  3. 3 Whether related witnesses (relatives) should be treated as untruthful without specific reason

Ratio Decidendi

The appellant could not be held liable under Section 302 read with Section 34 IPC for the fatal incised injury inflicted by the co-accused because the evidence showed the appellant inflicted injuries on non-vital parts, lost the danda when PW-14 snatched and threw it and thereafter ran away; Section 34 therefore did not apply to attribute the homicidal act to him, and his conviction was accordingly modified to an offence under Section 326 IPC with an appropriate sentence of three years' imprisonment.

Court Disposition

Appeal partly allowed

Orders

  • Conviction of appellant under Section 302 read with Section 34 IPC modified to conviction under Section 326 IPC
  • Sentence modified to three years' imprisonment