Supreme Court of India
Birendra Das & Anr. v. State of Assam
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From the headnote
PENAL CODE, 1860: s.302 read with s.34 - Murder - Common intention - c Conviction by courts below - Held: Appellants were not on lookers -- Their intention is clearly reflectib/e from their presence with weapons at the place of occurrence till the commission of the crime and thereafter dragging the dead body to the courtyard of one of the accused-appellant -- Thus, 0 it cannot be said that s.34 of /PC .is not attracted - In the circumstances establishing of any motive is inconsequential - Criminal law - Motive. Out of the nine accused named in the FIR, three were declared absconders, three
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