Supreme Court of India

Mohan Singh and Anr. v. State of M.P.

Neutral citation
Reported as [1999] 1 S.C.R. 276
Bench G.B. Pattanaik J.
Decided 28 January 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid finding, we conclude that so far as the appeal B of aci;;used Mohan Singh is concerned the conviction and sentence is maintained and his appeal fails but the appeal of accused Kailash Singh is allowed and his conviction and sentence under Section 302 read with Section 34 I.P.C. is set aside.

Judgment, page 19

From the headnote

Indian Penal Code, 1860-Sections 302 & 34-Murder Common inten­ tiort-f'roof of-No fire arm used by accused K and no active role assigned to him-Role assigned to him is merely exhortiort-Murder not pre-detennined or planned-Emotion developed on the spot-Exhortion words used by ac­ cused was of weakest nature and the last on~as subsequent to strong abusing and threatening language used by other two accused because of which common intention had already mature~Words used by accused can mean both kill or beat-Exhortion attributed to accused cannot lead to conclusion that it was with same intention

Where later benches applied it

Of those, 3 referred to

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