Summary
After a quarrel over ploughing a plot in a Rajasthan village in 2000, four men armed with a lathi, toka, axe and gandasi surrounded Teja Singh and beat him to death. His injured brother was among the witnesses. The High Court acquitted Gurbachan Singh of murder and convicted him only under Section 323 IPC, holding that he did not share the common intention because he carried only a lathi and struck the victim's feet. The Supreme Court restored his murder conviction under Section 302 read with Section 34. He came armed with the others and struck the first blow that felled the victim. He kept hitting him while the others inflicted fatal head wounds. Common intention can form on the spot and be inferred from such conduct.
Issues
- Whether an assailant armed only with a lathi who struck the victim's feet shared the common intention of co-accused who inflicted fatal head injuries with sharp weapons.
Provisions considered
- Section 34, Indian Penal Code, 1860Common intention means a community of purpose and common design, may form on the spur of the moment, and is inferred from proved facts; it was inferred from the respondent's conduct, making him jointly liable for the murder. (¶¶ 11, 12)
- Sections 302, 323 and 324, Indian Penal Code, 1860The Section 323 conviction substituted by the High Court was replaced by conviction under Section 302 read with Section 34; the Section 324 conviction for injuring PW-1 was maintained. (¶ 13)
- Sections 148 and 149, Indian Penal Code, 1860The High Court's view that the requirements of an unlawful assembly were not satisfied was accepted. (¶ 13)
Held
- The respondent came prepared with a lathi along with others carrying a toka, axe and gandasi; the blood-smeared lathi was recovered from him; he struck the first blow that felled the deceased and continued to hit him after he fell while the others inflicted eight bone-deep head wounds. These facts establish that he shared the common intention, and he is liable for murder irrespective of the part he played. (¶¶ 9, 10, 12)
- The challenge to the acquittal of Jangir Kaur was dismissed, as the evidence against her was identical to that against Manjeet Kaur, whose acquittal had become final. (¶ 1)
Result
Criminal Appeal No. 2201 of 2011 by the State allowed against the first respondent; the Rajasthan High Court judgment dated 04.04.2008 in D.B. Criminal Appeal No. 880 of 2001 set aside to that extent; Gurbachan Singh convicted under Section 302 read with Section 34 IPC and the trial court's life sentence and fine restored with Section 428 CrPC set-off, and he is to surrender within 21 days.