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UDAY UMESH LALIT, K. M. JOSEPH
Ramesh Alias Dapinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
UDAY UMESH LALIT, J.
1. Delay condoned. Leave granted.
2. This appeal challenges the judgment and order dated 09.09.2016 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 267 of 2016.
3. The appellant – original accused No.3 was tried along with two others in Sessions Trial No. 40 of 2014 on the file of Additional Sessions Judge (II), Una, Himachal Pradesh, in respect of offences punishable under Sections 302, 323, 324 read with Section 34 of the Indian Penal Code, 1860 (‘the IPC’, for short).
4. The basic facts leading to the aforementioned Trial, as stated by PW1- Sukhwinder Singh, the original informant, were as under:-
Common intention is a matter of inference from attending circumstances and role of accused in commission of offence.
The court reaffirmed that the intention to kill can be established through circumstantial evidence and that joint liability under Section 34 IPC applies when multiple individuals participate in a cri....
The testimony of injured witnesses holds significant weight in establishing guilt, especially when corroborated by medical evidence, reinforcing principles of common intention in joint criminal acts.
For conviction under Section 34 IPC, there must be evidence of common intention and active participation; mere presence is insufficient.
The testimony of an injured witness is highly reliable, and common intention among co-accused can be inferred from their conduct during the commission of the crime.
The judgment emphasizes the importance of establishing common intention and individual participation in the offence beyond reasonable doubt, highlighting the need for reliable evidence to prove the a....
The necessity of proving common intention under Section 34 IPC was emphasized, leading to convictions for individuals directly involved while acquitting others without adequate evidence.
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