VidhiSangh

Supreme Court of India · 28/07/2022

SANJAY PURAN BAGDE & ANR. versus THE STATE OF MAHARASHTRA

[2022] 7 S.C.R. 178 · 2022 INSC 766

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Four relatives attacked a man in the early hours of the morning. Two of them struck him with axes while the two appellants held him. The trial court convicted the two assailants under Section 302 read with Section 34 IPC. It acquitted the appellants on the view that merely holding the victim did not show a shared intention to kill. The High Court reversed the acquittal. The Supreme Court dismissed the appeal. Section 34 imports constructive liability where there is a common intention and participation. All four arrived together at that hour with axes brought to the spot, which showed premeditation rather than a sudden incident. The appellants held the deceased so that the injuries could be inflicted, and the fact that they did not use the axes was no ground for remission.

Issues

  1. Whether accused persons who held the deceased while co-accused struck him with axes shared the common intention to commit murder under Section 34 IPC.

Provisions considered

Held

Result

Appeal dismissed. The High Court's reversal of the appellants' acquittal and their conviction under Section 302 read with Section 34 IPC were upheld. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 178.