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ARVIND SRIVASTAVA, SUNIL DUTTA MISHRA
Lal Baboo Singh – Appellant
Versus
State of Bihar – Respondent
Sunil Dutta Mishra, J.—The aforesaid three appeals have been taken up together and are being disposed of by this common judgment.
2. We have heard the learned counsel for the appellants and learned Additional Public Prosecutors for the State.
3. All accused persons/appellants, namely, Lal Baboo Singh, Shivjee Singh and Vidya Sagar Singh along with accused Shyamdeo Singh were tried by the learned 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 38 of 1995 arising out of Desari P.S. Case No. 25 of 1994 under Section 302/34 of the Indian Penal Code and accused/appellant Vidya Sagar Singh was also charged and tried under the offence under Section 302 of the Indian Penal Code.
4. By the judgment and order dated 19.02.1996, the learned 4th Additional Sessions Judge, Vaishali at Hajipur convicted all the accused persons including the appellants, namely, Lal Baboo Singh, Shivjee Singh and Vidya Sagar Singh under Section 302/34 of the Indian Penal Code and accused/appellant Vidya Sagar Singh was also held guilty under Section 302 of the I.P.C. They have been sentenced to undergo for life imprisonment.
5. Accused Shyamdeo Singh was convicted also under Section 341 of I.P.
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 court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
Criminal Law - Common Intention - Liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act....
The court upheld the conviction under Section 304 Part-II IPC, affirming that related witnesses' testimonies are credible and sufficient for establishing direct involvement in the crime.
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