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SUJOY PAUL, PRAKASH CHANDRA GUPTA
Babula – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Prakash Chandra Gupta, J. - The instant appeal has been filed by the appellants/ accused persons being aggrieved by the judgment dated 25/05/1995 passed by Ist Additional Sessions Judge, Shahdol in S.T. no. 121/1994, whereby the appellant Babula has been convicted for the offence punishable under section (hereinafter referred to as u/s) 148 and 302 r/w 149 of the Indian Penal Code, 1860 (hereinafter referred to as IPC); and the remaining appellants have been been convicted for the offence under section 147 and 302 r/w 149 of the Indian Penal Code, 1860. They have been sentenced to undergo rigorous imprisonment for 1 year; and life imprisonment and fine of Rs.100/- respectively, with default stipulation of additional simple imprisonment of 1 month.
2. The facts of the case, in short is that, deceased Shyamlal, Babbu Baiga (PW/4) and Gorelal are real brothers and resident of village Dhurwar, P/S District- Shahdol (M.P.). About 4 years prior to the incident, the deceased was convicted and sentenced to undergo life imprisonment for the murder of co-accused Gojwa's son Baiya Baiga and he was on bail after the incident deceased Shyamlal used to live at in-laws house situated at vi
The court affirmed the conviction for murder based on the established common object of the unlawful assembly, supported by credible witness testimonies and medical evidence.
The main legal point established in the judgment is that in cases of sudden quarrel and fight, where there is no evidence of pre-planned attack or common object to commit murder, individual liability....
The main legal point established in the judgment is that the appellants had a common intention to murder the victim, and their actions did not fall within the exception for culpable homicide not amou....
The assembly of individuals armed with deadly weapons, with a common intent to commit violence, constitutes an unlawful assembly under IPC, leading to vicarious liability for all members.
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