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2013 Supreme(Online)(Chh) 242

CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, J
Jumman @ Sikandar Ali v. State of M.P.


Table of Content
1. overview of the case leading to appeals. (Para 1 , 2)
2. arguments related to assumptions of shared intention. (Para 4 , 5)
3. assessment of common intention's presence. (Para 7 , 12 , 13)
4. clarification of liability under section 34 ipc. (Para 8 , 18)
5. final outcome and adjustments to convictions. (Para 19)

1. These appeals are directed against the judgment dated 12th of January, 1996 passed in Sessions Trial No. 218/92 by the First Additional Sessions Judge, Raigarh. By the impugned judgment, the appellants (A - 2 to A - 4) and 4th accused - Faruook Mohammed (A - 1) were convicted u / S.302/34 & 307/34 IPC and sentenced to undergo imprisonment for life and R. I. for 7 years with direction to run the sentences concurrently.

2. The facts, briefly stated, are as under : -
Deceased - Chuggaram had a vegetable shop in Sanjay Complex, Raigarh. Roopchand (PW - 7) had also a shop near the shop of the deceased. On 24-6-1992 at about 9.30 - 10.00 a.m., the deceased and injured - Rajesh Kumar (PW - 9) were sitting in the shop of the deceased. Naushad (A - 3) and Arvind (A - 4) came to the shop of the deceased. Naushad (A - 3) kept his bicycle on stand. The bicycle fell d





















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