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PETITIONER: B. N. SRIKANTIAH & OTHERS
Vs.
RESPONDENT: THE STATE OF MYSORE
DATE OF JUDGMENT: 14/04/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. BHAGWATI, NATWARLAL H. SARKAR, A.K.
CITATION: 1958 AIR 672 1959 SCR 496
ACT: Murder-Charge under s. 302 simpliciter-Conviction under s. 302 /34, when Permissible-Prejudice-Common Intention-Indian Penal Code (XLV of 1860), ss. 34 and 302.
HEADNOTE: Six persons were charged under s. I43 Indian Penal Code for being members of an unlawful assembly the common object of which was to murder one Anne Gowda. Five of them were further charged under s. 302 Indian Penal Code for committing murder by intentionally causing the death of Anne Gowda, and the sixth was charged under s. 302/109 Indian Penal Code for abetment of murder. The trial Court acquitted all the six accused under s. 143, acquitted two of them but convicted the three appellants under s. 302, and convicted the sixth accused under s. 302/109. On appeal the High Court maintained the conviction of the appellants under s. 302 but acquitted the sixth accused under s. 302/109. It was contended by the appellant that as the prosecution had not established which of the appellants had given the fatal blow none of them could be convicted under s. 302 simpliciter and that as no charge had been framed under s. 34 they could not be convicted under s. 302/...