Supreme Court of India
Prathap & Anr. v. State of Kerala
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From the headnote
Penal Code, 1860 -:- ss. 302 and 149 -' Murder - Deceased and one more attacking accused persons and co- accused - In retaliation, accused and co-accused armed with deadly weapons inflicting fatal injuries-to deceased - High Court upholding. conviction of accused u/s. 3021149 but setting aside the conviction u/s. 120- - As regard co accused, High Court upholding acquittal of four co-accused and also acquitting the other four co-accused convicted by trial court - On appeal, held: Facts and circumstances clearly prd.ve the existence of common object .of accused to eliminate the deceased -
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