SHRI KISHUN & ORS. versus STATE OF U.P.

SHRI KISHUN & ORS. versus STATE OF U.P.

Since it could not be established which accused gave the fatal blow and common intention was found only to cause grievous hurt, all four accused are guilty only under section 325 read with section 34 IPC, not murder under section 302/34 IPC.

Parties
Appellant: Shri Kishun; Appellant: Ram Bali; Appellant: Jai Shri; Appellant: Jattan; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
28 July 1972
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Judgment of the Allahabad High Court
Outcome
Conviction altered; each appellant convicted under section 325 read with section 34 IPC instead of section 302/34 IPC; sentenced to rigorous imprisonment for five years; sentence under section 323/34 IPC (one year) to run concurrently.
Legal Topics
Common Intention, Murder, Culpable Homicide, Grievous Hurt
Criminal Law Common Intention Murder Culpable Homicide Grievous Hurt

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Parties

Shri Kishun

Appellant

Ram Bali

Appellant

Jai Shri

Appellant

Jattan

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Judgment of the Allahabad High Court

Legal Issues

  1. 1 Whether the accused can be held guilty of murder under section 302 read with section 34 IPC, or only a lesser offence under section 325/34 IPC

Ratio Decidendi

Since it could not be established which accused gave the fatal blow and common intention was found only to cause grievous hurt, all four accused are guilty only under section 325 read with section 34 IPC, not murder under section 302/34 IPC.

Court Disposition

Conviction altered; each appellant convicted under section 325 read with section 34 IPC instead of section 302/34 IPC; sentenced to rigorous imprisonment for five years; sentence under section 323/34 IPC (one year) to run concurrently.

Orders

  • Conviction altered from section 302/34 IPC to section 325/34 IPC for all accused.
  • Each accused sentenced to rigorous imprisonment for five years under section 325/34 IPC.