SUKH RAM versus STATE OF U. P.

SUKH RAM versus STATE OF U. P.

Acquittal of co-accused named in the charge does not bar conviction under s. 302 read with s. 34 IPC if evidence shows the appellant acted with two others in furtherance of common intention and no prejudice was suffered.

Source-derived case information.

Parties
Appellant: Sukh Ram; Respondent: State of U. P.
Jurisdiction
India
Judgment Date
29 November 1973
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave Against Judgment of the Allahabad High Court Affirming Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Section 302 IPC, Section 34 IPC, Liability With Acquittal of Co Accused
Criminal Law Section 302 IPC Section 34 IPC Liability With Acquittal of Co Accused

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Sukh Ram

Appellant

State of U. P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave Against Judgment of the Allahabad High Court Affirming Conviction and Sentence

Legal Issues

  1. 1 Whether, after acquittal of two of three named accused, the remaining accused can be convicted with the aid of s. 34 IPC

Ratio Decidendi

Acquittal of co-accused named in the charge does not bar conviction under s. 302 read with s. 34 IPC if evidence shows the appellant acted with two others in furtherance of common intention and no prejudice was suffered.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of Sukh Ram for murder under section 302 read with section 34 IPC affirmed