THE STATE OF PUNJAB versus TEJINDER SINGH AND ANR.

THE STATE OF PUNJAB versus TEJINDER SINGH AND ANR.

Both accused assaulted the deceased with gandasas as evidenced by credible eyewitness and medical testimony; absence of clear intent to commit murder due to use of blunt and non-vital blows justifies conviction under Section 304 (Part I) IPC rather than Section 302 IPC.

Parties
Appellant: The State of Punjab; Respondent: Tejinder Singh; Respondent: Darshan Singh
Jurisdiction
India
Judgment Date
21 August 1995
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Acquittal Before Supreme Court
Outcome
Appeals allowed in part; acquittal of A-2 and conviction of A-1 under Section 302 IPC set aside; both convicted under Section 304 (Part I) read with Section 34 IPC; lesser sentence awarded due to passage of time.
Legal Topics
Murder, Culpable Homicide, Joint Liability, Evidence, Motive, Sentencing, Maxim 'falsus in Uno, Falsus in Omnibus'
Criminal Law Murder Culpable Homicide Joint Liability Evidence Motive Sentencing Maxim 'falsus in Uno, Falsus in Omnibus'

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Parties

The State of Punjab

Appellant

Tejinder Singh

Respondent

Darshan Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Acquittal Before Supreme Court

Legal Issues

  1. 1 Whether conviction under Section 302 IPC was justified for A-1; whether acquittal of A-2 was proper; whether both accused are liable under Section 304 (Part I) read with Section 34 IPC

Ratio Decidendi

Both accused assaulted the deceased with gandasas as evidenced by credible eyewitness and medical testimony; absence of clear intent to commit murder due to use of blunt and non-vital blows justifies conviction under Section 304 (Part I) IPC rather than Section 302 IPC.

Court Disposition

Appeals allowed in part; acquittal of A-2 and conviction of A-1 under Section 302 IPC set aside; both convicted under Section 304 (Part I) read with Section 34 IPC; lesser sentence awarded due to passage of time.

Orders

  • A-2 (Darshan Singh) to be taken into custody to serve sentence.
  • A-1 (Tejinder Singh), on bail, to surrender and serve 7 years imprisonment as modified.