VidhiSangh

Supreme Court of India · 30/09/2020

SUBED ALI AND OTHERS versus THE STATE OF ASSAM

[2020] 8 S.C.R. 731 · 2020 INSC 566

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Summary

The Court affirmed three murder convictions with common-intention liability. The appellant who did not strike the victims nevertheless participated by intercepting them, joining pursuit and facilitating the fatal assault. Acquittal of two other accused did not create parity against consistent evidence identifying these appellants. Absence of a separate Section 34 charge caused no prejudice where the relevant facts and evidence were the same.

Issues

  1. Whether common intention could attach to the appellant without a personally inflicted blow.
  2. Whether co-accused acquittals, identification objections or absence of a Section 34 charge required reversal.

Provisions considered

Held

Result

Appeal dismissed. Convictions under Section 302 read with Section 34 IPC, life imprisonment, fine and default stipulation maintained.

Judgment PDF: Supreme Court of India, [2020] 8 S.C.R. 731.