VidhiSangh

Supreme Court of India · 16/08/2019

RAMESHWAR AND ANOTHER versus STATE OF MADHYA PRADESH

[2019] 11 S.C.R. 363 · 2019 INSC 931

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Summary

The surviving appellant’s murder conviction was upheld with the aid of common intention. Differences in eyewitness accounts about who fired the fatal shot did not defeat liability where his armed presence and concerted participation were established. Evidence against an acquitted co-accused was materially different. The appeal of the other appellant abated on his death; the surviving appellant was required to surrender within six weeks.

Issues

  1. Whether conflicting accounts about the shooter undermined the surviving appellant’s conviction based on common intention.
  2. Whether acquittal of a co-accused required the same result for the appellant.

Held

Result

Appeal dismissed as to Balaram; conviction under sections 302/34 IPC and life imprisonment affirmed. He must surrender within six weeks, failing which custody is directed. Rameshwar’s appeal dismissed as abated.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 363.