Supreme Court of India
State of M.P. v. Ramji Lal Sharma & Anr.
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What the Court ordered
In view of the above and for the reasons stated above the present appeal succeeds.
Judgment, page 7
From the headnote
Penal Code, 1860 – s.302 r/w s.34 – Murder – Common Intention – Trial Court held that all the four accuse d shared the common intention to kill the deceased, and convicted them u /s.302 r/w s.34 – High Court allowed appeal of accused no. 1 and 3 (respondent No.1 and 2), by giving them benefit of d oubt and by observing that there was a contradiction in the ocular and medi cal evidence and therefore their presence itself was doubtful – According to High Court, three eye witnesses stated that respondent No.1 and 2 were having axe in their hands, and they attacked th e deceased by their axe,
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