Supreme Court of India
Sanjay Puran Bagde & Anr. v. The State of Maharashtra
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What the Court ordered
In view of the aforesaid reasons, we cannot really faul t the conclusion arrived at by the High Court in reversing the acquittal by the 183 trial Court on what may be stated as the erroneous principl e of law followed by the trial Court.
Judgment, page 5
From the headnote
Penal Code, 1860 – s.302 r/w s.34 – Murder – Common intention – On the fateful night at about 3 a.m., the victim and his wife (eye witness) woke up and while the wife was doing preparations for cooking, the husband went to attend to the nature’s ca ll – Wife heard his shouts, when she ran to the site she saw two accused assaulting her husband with an axe whereas the appe llants had caught hold of him – She found him bleeding, he also told her that four of them had caught hold of him and assaulted him by an axe – He was taken to hospital, was declared brought dead – Appellants were acquitted
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