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Supreme Court: Weapon used by accused in common intention, caused any injury or not is immaterial

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GUNS GANGSTER LAW INSIDER

Sakunjay Vyas

Published on: March 10, 2022 at 10:28 IST

The Two Judge Bench of Justice M. R. Shah and Justice B. V. Nagarathna of Supreme Court overturned High Court of Madhya Pradesh bench order that has acquitted respondent, for the offences punishable under Section 302 read with Section 34 of the IPC.

The Supreme Court recently ruled that whether any of the accused who shared the common intention had used any weapon or not and/or caused any injury on the deceased or not is immaterial.

The Two Judge Bench of Justice M. R. Shah and Justice B. V. Nagarathna was hearing an appeal against the High Court of Madhya Pradesh bench order that has acquitted respondent, for the offences punishable under Section 302 read with Section 34 of the IPC, by giving them the benefit of doubt and by observing that there is a contradiction in the ocular and the medical evidence and therefore their presence itself is doubtful.

For the judgement in hand, The Apex Court found High Court’s approach vague and somewhat ignorant. The High Court has weighed with the High Court is that there is discrepancy in the ocular evidence as well as the medical evidence and/ or the ocular evidence is not corroborated by the medical evidence and therefore, the presence of accused is doubtful.

The apex court stated It is also to be noted that right from the very beginning of names of all the accused including the ones in question were disclosed. All the eye witnesses are common in saying that accused in question also came along with other accused.

Therefore, their presence has been established and proved by the prosecution. And that the High Court has also not appreciated or addressed the fact that the common intention once proved, whether the accused had a weapon or caused injury with it, becomes immaterial.

“…once it has been established and proved by the prosecution that all the accused came at the place of incident with a common intention to kill the deceased and as such, they shared the common intention, in that case it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased or not.

the Court said.

The apex court further stated that has also not discussed and/or re-appreciated the entire evidence on record and that as such there are no material contradictions between the ocular and medical evidence.

As a result, the Apex Court has quashed and set aside the order of the High Court of Madhya Pradesh bench by stating that High Court has erred in reversing the conviction and acquitting accused and by giving them the benefit of doubt. That the sentence imposed by the learned Trial Court is also restored.

SC Order, Crl.A. No. 293/2022 – D.No. 17042 / 2020

Also Read- Intention to be Ascertained from the Weapon used: Supreme Court