STATE OF BIHAR versus PASHUPATI SINGH & ANR. & VICE VERSA

STATE OF BIHAR versus PASHUPATI SINGH & ANR. & VICE VERSA

The accused caused injuries sufficient in the ordinary course of nature to cause death. Their original intention to commit robbery does not negate liability for murder. Both accused are equally guilty of murder under Section 302 IPC. Test identification chart is corroborative and need not be exhaustive.

Parties
Appellant: State of Bihar; Respondent/appellant: Pashupati Singh; Respondent/appellant: Sutali Rai
Jurisdiction
India
Judgment Date
24 September 1973
Procedural Posture
Criminal Appeal / Appeals by Special Leave From Patna High Court Judgment Dated 15th October, 1969
Outcome
Appeal by State allowed, appeal by accused dismissed.
Legal Topics
Test Identification Procedure, Murder, Robbery, Evidentiary Assessment
Criminal Law Test Identification Procedure Murder Robbery Evidentiary Assessment

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

State of Bihar

Appellant

Pashupati Singh

Respondent/appellant

Sutali Rai

Respondent/appellant

Procedural Posture

Criminal Appeal / Appeals by Special Leave From Patna High Court Judgment Dated 15th October, 1969

Legal Issues

  1. 1 Whether test identification chart must contain a complete statement about the assault
  2. 2 Whether the accused are guilty of murder despite alleged lack of intent to kill during robbery

Ratio Decidendi

The accused caused injuries sufficient in the ordinary course of nature to cause death. Their original intention to commit robbery does not negate liability for murder. Both accused are equally guilty of murder under Section 302 IPC. Test identification chart is corroborative and need not be exhaustive.

Court Disposition

Appeal by State allowed, appeal by accused dismissed.

Orders

  • Sentence of life imprisonment awarded to the accused instead of death sentence.
  • Criminal Appeal 53 of 1970 allowed; Criminal Appeal 54 of 1970 dismissed.