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Supreme Court of India · 01/08/2017

RAJKISHORE PUROHIT versus STATE OF MADHYA PRADESH AND OTHERS

[2017] 7 S.C.R. 501 · 2017 INSC 691

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Summary

The Court restored a murder conviction with common-intention liability after the High Court acquitted an unarmed participant on speculative reasoning. Joint arrival, identification of the victim, exhortation, protective cover and joint escape established a preconcerted plan. Absence of a separate assault or weapon did not defeat that proved participation.

Issues

  1. Whether the evidence established common intention despite the respondent not firing the fatal shot.
  2. Whether the acquittal warranted interference under Article 136.

Held

Result

Appeal allowed; High Court acquittal set aside and trial conviction under Sections 302/34 IPC restored. Respondent directed to surrender forthwith to serve the remaining sentence.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 501.