RAGHBIR CHAND & ORS. versus STATE OF PUNJAB

RAGHBIR CHAND & ORS. versus STATE OF PUNJAB

Conviction of accused Nos. 1, 2, and 3 under Section 302 read with Section 34 IPC is set aside due to lack of sufficient evidence of common intention to cause death; their conviction under Section 324 read with Section 34 and Section 323 IPC is affirmed. Accused No. 4 is held individually responsible for inflicting fatal injuries with a knife on the deceased; conviction under Section 302 is affirmed as repeated blows indicated requisite intention to cause death or bodily injury likely to cause death, and no exception under Section 300 IPC applies.

Parties
Appellant/accused No. 1: Raghbir Chand; Appellant/accused No. 2: Varinder Kumar; Appellant/accused No. 3: Vijay Kumar; Appellant/accused No. 4: Kamal Kumar; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
05 August 2013
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Conviction and Sentence Affirmed by High Court
Outcome
Appeal partly allowed
Legal Topics
Murder, Common Intention, Culpable Homicide, Vicarious Liability Under Section 34 IPC, Exceptions to Section 300 IPC
Criminal Law Murder Common Intention Culpable Homicide Vicarious Liability Under Section 34 IPC Exceptions to Section 300 IPC

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Parties

Raghbir Chand

Appellant/accused No. 1

Varinder Kumar

Appellant/accused No. 2

Vijay Kumar

Appellant/accused No. 3

Kamal Kumar

Appellant/accused No. 4

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Conviction and Sentence Affirmed by High Court

Legal Issues

  1. 1 Whether accused Nos. 1, 2, and 3 can be held vicariously liable for murder under Section 302 read with Section 34 IPC
  2. 2 Whether accused No. 4 is liable for murder under Section 302 IPC
  3. 3 Applicability of Exception 4 to Section 300 IPC

Ratio Decidendi

Conviction of accused Nos. 1, 2, and 3 under Section 302 read with Section 34 IPC is set aside due to lack of sufficient evidence of common intention to cause death; their conviction under Section 324 read with Section 34 and Section 323 IPC is affirmed. Accused No. 4 is held individually responsible for inflicting fatal injuries with a knife on the deceased; conviction under Section 302 is affirmed as repeated blows indicated requisite intention to cause death or bodily injury likely to cause death, and no exception under Section 300 IPC applies.

Court Disposition

Appeal partly allowed

Orders

  • Conviction and sentence of accused Nos. 1, 2, 3 under Section 302 read with Section 34 IPC is set aside
  • Conviction of accused Nos. 1, 2, 3 under Section 324 read with Section 34 and Section 323 IPC is affirmed