VidhiSangh

Supreme Court of India · 14/12/2017

JOSEPH versus STATE, REP. BY INSPECTOR OF POLICE .

[2017] 12 S.C.R. 452 · 2017 INSC 1227

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Summary

Following a fatal bomb attack during a funeral gathering, the Court distinguished the bomb carriers and instigator from participants using sickles or sticks. It rejected collective murder liability where common object or knowledge of likely murder was unproved, preserved the bomb carrier’s and instigator’s life sentences on different legal bases, and reduced the others’ convictions to individual hurt offences.

Issues

  1. Whether the evidence established either limb of section149 for murder liability of every accused.
  2. Whether common intention, abetment and individual acts supported alternative convictions.

Held

Result

Joseph’s appeal dismissed; his murder conviction modified to section302/109. Sahayam’s modified to section302/34; both life sentences confirmed and surrender directed. Others’ murder convictions set aside and appeals partly allowed with reduced individual hurt convictions; having served over six years, they need not surrender and their bail bonds were discharged.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 452.