Supreme Court of India
Viji & Anr. v. State of Karnataka
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What the Court ordered
For the aforesaid reasons, the appeal is partly allowed and the conviction recorded by the High Court against the ap pellants is modified.
Judgment, page 12
From the headnote
Penal code, 1860: s. 34 - Common intention - -1 to - 3 caught hold of deceased and -4 to -7 attacked deceased c resulting in his death - Conviction under s.302 r.w. s.149 - High Court acquitted - 2 to -6 giving benefit of doubt and in case of -1 and -7, converted conviction to s. 302 r. w. s. 34 - Appeal by -1 and -7 - Held: In view of acquittal of -2 to - 6, and in the light of ocular evidence that -7 assaulted de- ceased while -1 merely caught hold of deceased, ends of ;ustice would be met if -7 is convicted under s. 326 and ac- cused no.1 under s.326 r.w. s.34 !PC - Regarding sentence,
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