AFRAHIM SHEIKH AND OTHERS versus STATE OF WEST BENGAL

AFRAHIM SHEIKH AND OTHERS versus STATE OF WEST BENGAL

Section 34 IPC can be read with Section 304 Part II IPC when several persons act in furtherance of a common intention and each possesses the knowledge that death was a likely consequence of their collective acts; all are thus individually liable for culpable homicide not amounting to murder.

Parties
Appellants: Afrahim Sheikh and Others; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
07 January 1964
Procedural Posture
Criminal Appeal / Supreme Court Decision on Special Leave Appeal
Outcome
Appeal dismissed
Legal Topics
Indian Penal Code Section 304 Part II, Common Intention (section 34 Ipc), Culpable Homicide Not Amounting to Murder
Criminal Law Indian Penal Code Section 304 Part II Common Intention (section 34 Ipc) Culpable Homicide Not Amounting to Murder

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Parties

Afrahim Sheikh and Others

Appellants

State of West Bengal

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Special Leave Appeal

Legal Issues

  1. 1 Whether Section 304 Part II IPC can be read with Section 34 IPC to hold multiple accused individually liable for culpable homicide not amounting to murder.

Ratio Decidendi

Section 34 IPC can be read with Section 304 Part II IPC when several persons act in furtherance of a common intention and each possesses the knowledge that death was a likely consequence of their collective acts; all are thus individually liable for culpable homicide not amounting to murder.

Court Disposition

Appeal dismissed

Orders

  • Conviction under Section 304 Part II read with Section 34 IPC upheld.