SURENDRA AND OTHERS versus STATE OF U.P.

SURENDRA AND OTHERS versus STATE OF U.P.

The prosecution established that all accused acted in furtherance of the common object to cause the death of the victim. Motive, enmity, premeditation, deadly weapons, and exhortation to kill by one accused differentiated this case from others and justified conviction under Section 302/149 IPC.

Parties
Petitioner: Surendra; Petitioner: Narendra; Petitioner: Yogesh; Petitioner: Amar Pal; Petitioner: Anil Kumar; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
28 February 2012
Procedural Posture
Special Leave Petition (criminal) / Supreme Court Final Decision
Outcome
Special Leave Petitions dismissed
Legal Topics
Murder, Common Object, Unlawful Assembly
Criminal Law Murder Common Object Unlawful Assembly

Case Brief

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Parties

Surendra

Petitioner

Narendra

Petitioner

Yogesh

Petitioner

Amar Pal

Petitioner

Anil Kumar

Petitioner

State of Uttar Pradesh

Respondent

Procedural Posture

Special Leave Petition (criminal) / Supreme Court Final Decision

Legal Issues

  1. 1 Whether the accused acted in furtherance of the common object to commit murder under Section 302/149 IPC
  2. 2 Whether the conviction under Section 302/149 IPC was proper given the nature of injuries and circumstances

Ratio Decidendi

The prosecution established that all accused acted in furtherance of the common object to cause the death of the victim. Motive, enmity, premeditation, deadly weapons, and exhortation to kill by one accused differentiated this case from others and justified conviction under Section 302/149 IPC.

Court Disposition

Special Leave Petitions dismissed

Orders

  • Special Leave Petitions dismissed