JUDGEMENT OVERVIEW

JUDGEMENT OVERVIEW

COURT :  Supreme Court of India (Division Bench (DB)- Two Judge)

JUDGEMENT NAME : MADHAV Versus STATE OF MADHYA PRADESH Appeal (Crl.), 852 of 2021

JUDGEMENT DATE : Aug 18, 2021

RELATED SECTIONS : INDIAN PENAL CODE, 1860

Section 34 – Acts done by several persons in futherance of common intention

Section 302 – Punishment for murder

IMPORTANT PARAGRAPH :  

  1. V.Ramasubramanian, J.

Leave granted.

  1. Challenging their conviction for the offence punishable

under Section 302 read with Section 34 of the Indian Penal

Code, 1860 (“IPC” for short) and the sentence of life imprisonment and a fine of Rs.2500/­ imposed upon them by

the Ist Additional Sessions Judge, Sagar, M.P., and confirmed

by the Division Bench of the High Court of Madhya Pradesh at

Jabalpur, Accused Nos.2 and 3 have come up with these

criminal appeals.

 

 

imprisonment and a fine of Rs.2500/­ imposed upon them by

the Ist Additional Sessions Judge, Sagar, M.P., and confirmed

by the Division Bench of the High Court of Madhya Pradesh at

Jabalpur, Accused Nos.2 and 3 have come up with these

criminal appeals.

  1. We have heard Mr. Ardhendumauli Kumar Prasad and

Mr. Amit Arjariya, learned counsel appearing for the

appellants and Shri S.U. Lalit, learned counsel appearing for

the State.

  1. Smt. Sahodra Bai (hereinafter referred to as “A­2”), who is

the appellant in one of these appeals, is the sister of

Shri Madhav (hereinafter referred to as “A­3”) who is the

appellant in the other appeal. Shri Raju Yadav who was

Accused No.1 is the husband of Sahodra Bai.

  1. The case of the prosecution was that on the night of

13.05.2008, at about 22.30 hrs., all the three accused, in

furtherance of the common intention of all, attacked one

Pappu @ Nand Kishore (brother of A­1) with a knife and lathis

resulting in his death and that, thereafter, with the intention of screening

 the offenders from legal punishment, A­2 took the

victim to the Government Hospital and sent a false

information to the Police as though the murderous assault on

the victim was committed by two other persons by name Ruia

and Kailash. While all the three accused were charged for

offences punishable under Section 302 read with Section 34

IPC, A­2 was charged additionally for the offences punishable

under Sections 211 and 194 IPC.

 

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