Case:
State of MP vs Ramji Lal Sharma
Coram:
Justice MR Shah and Justice BV Nagarathna
Date of Judgement: 9 Mach 2022
INTRODUCTION
The Apex court once again established the essentials
of Crime by delivering on remarkable judgement. The court held that when once
it is shown that all the accused arrived at the crime scene with the same
intent to kill the deceased, then it is immaterial that each one of them has
used the force or not.
BACKGROUND
In this case trial court held all the accused guilty
for the offence punishable under section 302 read with section 34 of IPC to
undergo life imprisonment. Three of the accused not contended with the
judgement filed an appeal in High court. As a result, High Court acquitted them
on the ground that medical evidence and not corroborating and there are ocular
contradictions which is making it doubtful whether they have used any weapon or
not. Therefore, High court gave them the
benefit of doubt. Later on, State of Madhya Pradesh filed an appeal in Apex
Court.
OBSERVATIONS
In Apex court the bench comprising of Justice MR Shah
and Justice BV Nagarathna while referring the records and evidence and observed
that there no ocular or medical contradictions. The court noted that the presence of all the accused have been
established and proved and the prosecution has also been successful in proving
that allthe accused including accused No.1 and 3 shared the common intention.
JUDGEMENT
While establishing the
essentials of crime court held that “Once it has been established and proved by
the prosecution that all the accused came at the place of incident with a
common intention to kill the deceased and as such, they shared the common
intention, in that case it is immaterial whether any of the accused who shared
the common intention had used any of them caused any injury on the deceased or
not.”
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