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SANJAY KAROL, AUGUSTINE GEORGE MASIH
Sanjay Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Key Points: - The court held that common intention under Section 34 IPC is a psychological fact inferred from conduct and surrounding circumstances, requiring credible material (Paras 14-16, p_16, p_17). - The prosecution failed to establish common intention; the appellant’s presence armed with a firearm did not prove pre-arranged plan or prior meeting of minds (Paras 21-23, 25, 27; p_21, p_22, p_25, p_27). - The conviction under 302 read with 34 IPC is set aside and substituted with conviction under 307 IPC; sentence limited to period already undergone due to ends of justice (Paras 35-39; p_35, p_36, p_37, p_39).
JUDGMENT
AUGUSTINE GEORGE MASIH, J.
1. In the present appeal, the prosecution case has its genesis in an incident alleged to have occurred on 12.05.1999 at about 9:30 p.m. in village Sarsi, within the jurisdiction of Police Station Industrial Area, Jaora, District Ratlam. On the same night, at about 10:45 p.m., a First Information Report bearing No. 93 of 1999 came to be lodged by Balwant Singh s/o Rai Singh, who is stated to be the brother of the injured Deshpal Singh. In the said report, allegations were made against several persons, including the present Appellant, to the effect that they had assaulted the injured by use of firearms and other weapons. On the basis of the said report, offences under Sections 307, 147, 148 and 149 of the Indian Penal Code, 18601 [For short, “IPC”], along with relevant provisions of the Arms Act, 1959 came to be registered.
2. It is the case of the prosecution that immediately after the occurrence, the injured Deshpal Singh was taken for medical treatment. On the same night, i.e., 12.05.1999, at about 10:45 p.m., a statement of the injured, treated as a dying declaration, was recorded by the attending medical officer. The condition of the injured, how
[None identified. No cases in the list contain language indicating they have been overruled, reversed, abrogated, or otherwise treated as bad law.]
Constable 907 Surendra Singh VS State of Uttarakhand - 2025 2 Supreme 341: This case explicitly states that several subsequent cases relied on it, citing specific paragraphs: "Gadadhar Chandra v. State of West Bengal, (2022) 6 SCC 576 [Para 7] – Relied.", "Babu Sahebagouda Rudragoudar and others v. State of Karnataka, (2024) 8 SCC 149 [Para 11] – Relied.", "Ezajhussain Sabdarhussain and another v. State of Gujarat, (2019) 14 SCC 339 [Para 20] – Relied.", "Jasdeep Singh alias Jassu v. State of Punjab, (2022) 2 SCC 545 [Para 20] – Relied.", and "Madhusudan and others v. State of Madhya Pradesh, 2024 SCC OnLine SC 4035 [Para 20] – Relied." The repeated use of "Relied" directly indicates positive judicial treatment through reliance.
Munnilal s/o Gokul Teli VS State of M. P. - 2009 1 Supreme 328: This case contains a standalone legal proposition ("For applying section 34 it is not necessary to show some overt act on the part of accused.") with no references to other cases, no citations, and no keywords (e.g., followed, distinguished, relied on) indicating any judicial treatment by subsequent decisions.
Krishnamurthy @ Gunodu VS State of Karnataka - 2022 4 Supreme 321: This case articulates legal principles on Section 34 IPC across three points but includes no references to other cases, no citations, and no treatment keywords (e.g., followed, distinguished, relied on) indicating how it has been treated by subsequent decisions.
[None. All cases have clear or absent treatment indicators based on the provided list, with no ambiguous language requiring further caution.]
Common intention is essentially a psychological fact and must be inferred from conduct and surrounding circumstances, but such inference must be based on credible material and not on conjecture or as....
The essential ingredient of motive/intention under Section 302 IPC must be established to convict a person for the offence of murder.
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The court clarified that common intention and premeditation are essential for a murder conviction under Section 302 IPC, and absence of these elements can lead to a lesser charge.
Dying declarations are admissible as sole evidence for conviction if credible; mere acquittal by trial court can be overturned if found perverse.
The court clarified that common intention and premeditation are essential for a murder conviction under Section 302 IPC, while a single impulsive act may lead to a lesser charge under Section 304 IPC....
(1) Omission/error on charge – Mere defect in language, or in narration or in form of charge would not render conviction unsustainable, provided accused is not prejudiced thereby.(2) Dying declaratio....
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
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