2007 Supreme(All) 2275

[2007(10) ADJ 10 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : M.K. MITTAL, J.
RAKESH AND OTHERS .......Appellants (In Jail)
Versus
STATE OF U.P. ..............Opposite Party
(Criminal Appeal No. 2292 of 2006, decided on 31st August, 2007)

Headnote:(A) (Indian) Penal Code, 1860—Section 307/34—Attempt to murder—Conviction—Sustainability of—Accused attacked ‘V’ with intention to kill him—Medical report shows injuries caused by sharp edged weapon and by blunt object—Day, time and place of occurrence has not been disputed by defence also—Non-examination of independent witness not material—When evidence of prosecution witness reliable—In present case all accused did overt act in furtherance of their common intention—Therefore, all are vicariously liable for their act—Sentence is reduced from six years to three years—Conviction confirmed.

       (B) (Indian) Penal Code, 1860—Section 34—Common intention—Inference of from attending circumstances of case—Conduct of parties—However, no direct evidence of common intention is necessary.

       Appeal Dismissed.