Legal Shorts

Legal Shorts;- Person holding deceased, while other stabbed, is not guilty of common intention to commit murder.

 

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Common intentions – Prosecution case that while other accused person caught hold of deceased, main accused dealt knife blow on his stomach and also assaulted injured witness with knife on his shoulder – Not a case of prosecution that other accused person were holding/possessing any weapon – Other accused cannot be said to have shared common intention to kill deceased – However, fact remains that, one of the accused gave slap to injured and another accused caught hold his neck – Other accused person cannot be held guilty for offences punishable u/s.302, 324 r/w. s.34-But they are liable to be convicted for lesser offence punishable u/s. 323.

Case:
Shaikh Shakil Shaikh Vs. State of Maharashtra.

Citation:
2017 ALL MR (Cri) 1266
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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