VidhiSangh

Supreme Court of India · 23/03/2021

NETAJI ACHYUT SHINDE (PATIL) & ANR. versus THE STATE OF MAHARASHTRA

[2021] 3 S.C.R. 255 · 2021 INSC 200

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Summary

The Supreme Court affirmed the murder convictions of three appellants, including the High Court’s reversal of two acquittals. A cryptic initial telephone message was not the FIR; the later detailed complaint was. Consistent eyewitness accounts established the appellants’ participation and common intention through assault, exhortation, pursuit and joint departure. The absence of identifiable injuries from their fist blows and kicks did not negate that evidence. The trial court had ignored material testimony for trivial reasons, justifying appellate interference.

Issues

  1. Whether the first telephone intimation constituted the FIR and discredited the later detailed complaint.
  2. Whether absence of corresponding injuries excluded common-intention liability.
  3. Whether reversal of the two acquittals was justified.

Provisions considered

Held

Result

Appeals dismissed without costs. High Court convictions of all three appellants under Sections 302 read with 34 IPC affirmed.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 255.