Supreme Court of India
The State of Rajasthan v. Gurbachan Singh & Others
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What the Court ordered
We are of the opinion that common intention to inflict injuries and cause the death of Teja Singh, can be gathered from the conduct and ac tion of Gurbachan Singh.
Judgment, page 8
From the headnote
Penal Code, 1860 – Murder – Common intention – Dispute w.r.t partition of land– Victim was beaten resultin g in his death, PW1 (his brother) also suffered injuries – Responde nt convicted along with 5 others – Respondent’s appeal partly allowed b y High Court, holding that he did not share common intenti on to cause death of deceased as he only inflicted wounds on hi s feet with a ‘lathi’, was directed to be released having suffered the maximum punishment provided for the offence – Conviction of other 3 co- convicts (‘DS’, ‘BS’, ‘MS’), not challenged herein – Two others (‘MK’, ‘JK’) were
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