Supreme Court of India

Patai @ Krishna Kumar v. State of U.P.

Neutral citation
Reported as [2010] 3 S.C.R. 1135
Bench Dr. Mukundakam Sharma and A.K. Patnaik JJ.
Decided 30 March 2010

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.

What the Court ordered

We are of the considered opinion that the prosecution has been able to establish by leading cogent and reliable evidence, the guilt of both the accused persons who are appellants before D this Court, and therefore their conviction and sentence under Section 302 read with Section 34 IPC cannot be said to be in any manner illegal or unjustified.

Judgment, page 14

From the headnote

Penal Code, 1860: s.302 r.w. s.34 - Common intention - Appellants-accused committed act of accosting the deceased with pistols and dragging him away to the place of incident - The other two accused persons armed with pistols fired at the deceased which resulted in his death on the spot - Conviction under s. 302 r. w. s. 34 - Challenged by appellants on the ground that they were only holding the deceased and consequently, there was no pre-conceived or pre-concerted . o meeting of minds - Held: Appellants actively participated in the commission of the offence by doing acts in furtherance of the

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