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Supreme Court of India · 04/10/2019

FAINUL KHAN versus STATE OF JHARKHAND AND ANOTHER

[2019] 13 S.C.R. 924 · 2019 INSC 1127

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Summary

Persons convicted of murder with unlawful-assembly liability challenged defects in the charge, their examination under Section 313 and the eyewitness evidence. The Court found no demonstrated prejudice, accepted the injured witnesses despite missing injury reports, and held that the surrounding and coordinated assaults established a common object. The convictions were affirmed.

Issues

  1. Whether defects in the charge or Section 313 examination caused prejudice warranting interference.
  2. Whether the evidence established common-object liability for murder.

Provisions considered

Held

Result

The appeals were dismissed and the convictions and concurrent sentences maintained. Bail bonds were cancelled and the appellants directed to surrender forthwith to serve their remaining sentences.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 924.