Document Fragment View

Matching Fragments

J U D G M E N T S.B. SINHA , J :

The Appellant herein was convicted for commission of an offence punishable under Section 302/34 of the Indian Penal Code ('IPC for short) and had been sentenced to undergo rigorous imprisonment for life as also a fine of Rs.500/- and in default thereof to undergo additional three months' simple imprisonment. He was prosecuted along with three others for sharing common intention for causing death of one Siddique Ahmed Patel and causing simple hurt with sharp cut weapon to Yusuf Adam Patel (PW-3).

In State of Orissa vs. Arjun Das Agarwal and Another [AIR 1999 SC 3229], this Court stated :

"Regarding accused-respondent Arjuna Das Agarwal we find from the evidence on record that this accused neither went inside the house of the deceased nor took any part in the commission of the murder. He only instigated by shouting the other accused persons. There is nothing in evidence to show that due to his instigation more blows were given by the accused persons.
Therefore, no inference can be drawn that this accused- respondent had common intention of causing death of the deceased or that he actually participated in the criminal act. Therefore, High Court rightly acquitted this accused."