Omission to frame alternative charge against the other-
Conviction under s. 302 simpliciter-Validity- Code of
Criminal Procedure ... made him directly liable for the murder. He
contends that as he was not charged with having murdered the
man personally be cannot be convicted
impossible to convict any one of the
accused of murder simpliciter under section 302 ,
21
150
nor do the learned Judges attempt to do that
whereas murder was a
secondary issue in the facts of the case and that the
Crl. Appeal No.87 of
2007
proof of murder would ... there is very substantial evidence
with regard to the allegations of murder simpliciter
and have been dealt with under circumstance No.11.
We first
were
not convicted in the present case for the
offence of murder simpliciter under
Section 302 IPC; but that, in our opinion,
is immaterial ... High Court
that each of these appellants committed a
cold-blooded murder by shooting two
inmates of the house simply with the
object of facilitating
intention to cause death in which case
it will be a murder simpliciter unless exception is
attracted. We are concerned under clause Thirdly with ... nature to cause
death, clause Tirdly is attracted and it would be murder,
unless one of the exceptions to Section 300 is attracted
intention to cause death in which case it will be a murder
simpliciter unless exception is attracted. We are concerned under
Clause Thirdly with ... Dhupa Chamar has committed the offence of murder and not culpable homicide
not amounting to murder. This being the position, we do not find that
murder. When the High Court acquitted
the other accused (Ramdeo) the High Court converted the
conviction from S. 302 / 34 to S. 302 simpliciter ... case of this type that his guilt amounts to
murder simpliciter because he must be held responsible for
all the injuries that were caused
case of this type that his guilt amounts to
murder simpliciter because he must be held
responsible for all the injuries that were caused
were
not convicted in the present case for the offence of murder
simpliciter under section 302 , I.P.C.; but that, in our
opinion ... High Court
that each of these appellants committed a cold-blooded
murder by shooting two inmates of the house simply with the
object of facilitating
these special circumstances we feel
this was a case of intentional murder and not something done
in the exercise of right to protect the property ... concur with the High Court that this is a case of murder
simpliciter.
Counsel for the appellant submitted that the conviction
should be altered
