VidhiSangh

Supreme Court of India · 12/02/2019

MALA SINGH & ORS. versus STATE OF HARYANA

[2019] 3 S.C.R. 932 · 2019 INSC 180

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Summary

After eight co-accused were finally acquitted, the High Court could in principle substitute common-intention liability for common-object liability, but could not do so without supporting evidence. No common intention to murder was proved against the surviving appellants. Their individual blows caused simple, non-fatal injuries, so their convictions were altered from murder with common intention to Section 324 IPC. Sentence was reduced to imprisonment already undergone, subject to fines; the deceased appellant’s appeal abated.

Issues

  1. Whether the appellate court could substitute Section 34 for Section 149 IPC and whether the evidence supported that substitution.
  2. What individual liability and sentence remained for the surviving appellants.

Provisions considered

Held

Result

Appeal partly allowed for appellants 2 and 3: murder convictions replaced by Section 324 convictions, with imprisonment already undergone and the specified fines/default terms. Appellant 1’s appeal dismissed as abated.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 932.