Supreme Court of India
Nagaraja v. State of Karnataka
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From the headnote
PENAL CODE, 1860: s.302134 323 - Murder - Conviction uls 302134 by trial court, affirmed by High Court - Three accused alleged to have, c assaulted deceased, one with iron rod, other with fists and the third one was stated to have kicked him - The last one filing appeal - Held: Appellant cannot be held guilty u/s 302134 - In view of the fact that he was unarmed and presumed to have been performing his duties at his place of employment, it cannot be said that he formed common intention at the spot' to murder deceased - He is accordingly convicted uls 323, " and sentenced to the period already
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