HARI SHANKER ETC versus STATE OF U.P. ETC.

HARI SHANKER ETC versus STATE OF U.P. ETC.

Conviction of Hari Shanker for murder under Section 302 IPC is upheld as prosecution evidence, including consistent ocular and medical testimony, proves intentional firing and causation of death; acquittal of Shiam Behari under Section 302/34 IPC to be maintained as evidence of exhortation and common intention is lacking in FIR and Section 161 statements and not convincing.

Parties
Appellant Accused: Hari Shanker; Respondent Accused: Shiam Behari; Appellant/complainant (son of Deceased): Subhash Chand; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
06 May 1996
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Allahabad High Court, Post Conviction and Acquittal
Outcome
Appeals dismissed; conviction and sentence of Hari Shanker affirmed; acquittal of Shiam Behari upheld.
Legal Topics
Murder, Common Intention, Penal Code Section 302, Penal Code Section 34
Criminal Law Murder Common Intention Penal Code Section 302 Penal Code Section 34

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Parties

Hari Shanker

Appellant Accused

Shiam Behari

Respondent Accused

Subhash Chand

Appellant/complainant (son of Deceased)

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Allahabad High Court, Post Conviction and Acquittal

Legal Issues

  1. 1 Whether conviction of Hari Shanker under Section 302 IPC was justified
  2. 2 Whether Shiam Behari shared common intention under Section 34 IPC for murder of Parshadi Lal
  3. 3 Consistency of medical evidence with ocular testimony

Ratio Decidendi

Conviction of Hari Shanker for murder under Section 302 IPC is upheld as prosecution evidence, including consistent ocular and medical testimony, proves intentional firing and causation of death; acquittal of Shiam Behari under Section 302/34 IPC to be maintained as evidence of exhortation and common intention is lacking in FIR and Section 161 statements and not convincing.

Court Disposition

Appeals dismissed; conviction and sentence of Hari Shanker affirmed; acquittal of Shiam Behari upheld.

Orders

  • Criminal Appeal No. 29/1988 filed by Subhash Chand dismissed.
  • Criminal Appeal No. 30/1988 filed by Hari Shanker dismissed.