respectively) were tried for criminal
conspiracy, rioting with deadly weapons and murders of
Kalapuram Paramasani Narasimhudu, Golla Jalla Malli Reddy
and Golla Jalla Narayana Reddy ... with bombs and A2 under Section 302 IPC (simpliciter) for
committing the murder of D2 and under Section 302 read with
Section
found that, through A1 and A2 cannot
be held liable for the murder of Vincent , a1 is liable for
having caused the death of Davis ... charges, but convict A1 under Section 302 I.P.C.
simpliciter for the murder of Davis and sentence him to
suffer imprisonment for life.
Since
assaulting him with
weapons like stick, axe, dagger and
there by committed murder, as
offence punishable under Section
302 of I.P.C. read with ... committing the
murder.
In either of the above situations therefore the sole
convict can be convicted under Section 302 I.P.C.
(simpliciter) only
justified to
convict the accused-appellants under Sections 326 IPC
simpliciter or with the aid of Section 149 IPC as from the
evidence ... placed as high as murder as contended by Mr.
Lalit, the conviction of the accused-appellant under Section
326 IPC simpliciter or 326 read with
rightly convicted under Section 302 IPC (simpliciter). So
far as conviction of A2 and A4 for the above murder is
concerned we are however unable
that all of them shared the
common object of committing the two murders. In other words,
according to the learned counsel for the appellants, only ... fired at the two deceased was liable
under Section 302 IPC (simpliciter) and the others could be
convicted, at best, under Section 326 read with
considered view that no common intention as regards committing the murder of Ajit Singh could be attributed to A-2 and A-3. This vital ... part of A-2 and A-3 to commit the murder of Ajit Singh. Resultantly, it must follow that conviction
concluding
that the three appellant shared the common intention of
committing the murder of Shyam Narain with Badri Narain and
for that matter, convicting them ... while convicting Badri Narain
under Section 302 I.P.C. simplicited the trial court was
much influenced by the fact that the three appellants
assaulted
considered view that no common
intention as regards committing the murder of Ajit Singh
could be attributed to A-2 and A-3. This vital ... part of A-2 and A-3 to commit the murder of Ajit Singh.
Resultantly, it must follow that conviction
other accused persons to prove that they were not
party to the murders but admitted, in cross-examination by
the learned Public Prosecutor, that ... Sukhwinder
Singh by the High Court, convicted under Section 302 IPC
simpliciter as neither the death of Sukhdev Singh nor that
of Surjit Singh could
