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M. R. SHAH, B. V. NAGARATHNA
Mukesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
M. R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.09.2019 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 1244 of 2011 by which the High Court has dismissed the said appeal and has confirmed the judgment and order of conviction passed by the learned Trial Court convicting the accused for the offences punishable under Section 302 read with Section 34 of the IPC, original accused – Mukesh has preferred the present appeal.
2. That an FIR was lodged by one Nanbai – wife of the deceased at the Police Station Nanpur, alleging that on the Diwali night at about 10:00 or 11:00 pm the elder brother of her husband (Jeth) – accused No.1 – Sekadiya and his son Mukesh – accused No.2 came to her house to call her husband saying that there had been cooked ‘Murga’ in their house. According to the complainant, her husband – Vesta went along with accused No.1 and accused No.2. According to the complainant after sometime, she heard the voice of crying/scream of her husband and she immediately rushed to the house of her Jeth – accused No.1 – Sekadiya and she saw in the light of electricity that accused No.3 – Jethani (
Conviction cannot be recorded by going against mass of evidence.
Deposition of eye-witness is required to be considered as a whole and it cannot be in a particular part or sequence.
The court clarified that common intention among multiple offenders suffices for liability, regardless of individual actions substantiated by the evidence.
Common intention – Once it has been established and proved by prosecution that all accused came at place of incident with a common intention to kill deceased and as such, they shared common intention....
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
The court affirmed that clear evidence of motive and eyewitness testimony can substantiate a conviction for murder under Section 302 IPC.
The central legal point established in the judgment is the absence of intention to cause death and the differentiation of charges based on the nature of the assaults and the absence of enmity with th....
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