STATE OF U.P. versus LAKHAN AND ORS.

STATE OF U.P. versus LAKHAN AND ORS.

The accused, in concert and armed with lathis, attacked the deceased on the head and other vital parts causing injuries sufficient in the ordinary course of nature to cause death. The fact that extensive damage was not caused does not negate murder under Section 302 IPC. The High Court committed manifest error in converting the offence from murder to culpable homicide not amounting to murder.

Parties
Appellant: State of U.P.; Respondents: Lakhan and Ors.
Jurisdiction
India
Judgment Date
11 April 1997
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order of Allahabad High Court Dated 18.2.91 in Criminal Appeal Nos. 1026 and 1122 of 1978
Outcome
Appeal allowed. Judgment of the High Court set aside.
Legal Topics
Murder, Culpable Homicide, Common Intention, Sections 302, 34, 304 Part II IPC
Criminal Law Murder Culpable Homicide Common Intention Sections 302, 34, 304 Part II IPC

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Parties

State of U.P.

Appellant

Lakhan and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order of Allahabad High Court Dated 18.2.91 in Criminal Appeal Nos. 1026 and 1122 of 1978

Legal Issues

  1. 1 Whether the accused had the common intention to cause the death of the deceased thereby attracting Section 302 read with Section 34 IPC
  2. 2 Whether the offence was murder or culpable homicide not amounting to murder under Section 304 Part II IPC

Ratio Decidendi

The accused, in concert and armed with lathis, attacked the deceased on the head and other vital parts causing injuries sufficient in the ordinary course of nature to cause death. The fact that extensive damage was not caused does not negate murder under Section 302 IPC. The High Court committed manifest error in converting the offence from murder to culpable homicide not amounting to murder.

Court Disposition

Appeal allowed. Judgment of the High Court set aside.

Orders

  • Accused stand convicted for offence under Section 302 read with Section 34 IPC and are sentenced to imprisonment for life.
  • Accused to be taken into custody forthwith to undergo the sentence.