RAJKISHORE PUROHIT versus STATE OF MADHYA PRADESH AND OTHERS

RAJKISHORE PUROHIT versus STATE OF MADHYA PRADESH AND OTHERS

Common intention established by evidence of pre-concerted plan and conduct; overt act or weapon not necessary; High Court erred in acquitting respondent no.2; trial court's order of conviction restored.

Parties
Appellant: Rajkishore Purohit; Respondents: State of Madhya Pradesh and Others
Jurisdiction
India
Judgment Date
01 August 2017
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Acquittal
Outcome
Appeal allowed; acquittal of respondent no.2 set aside; conviction restored.
Legal Topics
Section 302/34 IPC, Common Intention, Acquittal Reversal, Murder, Political Rivalry
Criminal Law Section 302/34 IPC Common Intention Acquittal Reversal Murder Political Rivalry

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rajkishore Purohit

Appellant

State of Madhya Pradesh and Others

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Acquittal

Legal Issues

  1. 1 Whether the absence of overt act or possession of weapon excludes common intention under Section 302/34 IPC
  2. 2 Whether the High Court erred in acquitting respondent no.2 by wrongly appreciating evidence on common intention

Ratio Decidendi

Common intention established by evidence of pre-concerted plan and conduct; overt act or weapon not necessary; High Court erred in acquitting respondent no.2; trial court's order of conviction restored.

Court Disposition

Appeal allowed; acquittal of respondent no.2 set aside; conviction restored.

Orders

  • Respondent no.2 directed to surrender forthwith for serving the remaining period of his sentence.
  • Order of conviction of respondent no.2 under Section 302/34 IPC passed by Sessions Judge restored.