VidhiSangh

Supreme Court of India · 09/12/2021

GULAB versus STATE OF UTTAR PRADESH

[2021] 9 S.C.R. 678 · 2021 INSC 852

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Summary

The Court upheld a murder conviction based on common intention where the appellant arrived armed with a stick and exhorted his companion, who immediately fired the fatal shot. Consistent eyewitness accounts established participation despite the witnesses’ relationship with the deceased. Their evidence accorded with the gunshot injuries, and absence of weapon recovery or ballistic testimony did not defeat the case on these facts. Common intention could form shortly before the act; an elaborate longstanding plan or a separate injurious blow by each participant was unnecessary.

Issues

  1. Whether related eyewitnesses and absence of weapon recovery or ballistic evidence undermined the prosecution.
  2. Whether the appellant’s presence and exhortation established common intention for murder.

Provisions considered

Held

Result

Appeal dismissed; conviction under Section 302 read with Section 34 IPC and life sentence maintained.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 678.