Naushad Ali @ Baba v. State of Chhattisgarh
Case brief
What is this about?
The Supreme Court examined a criminal appeal challenging the conviction and death sentence of two appellants for the murder of a young boy and culpable homicide of another in a sudden affray. Rejecting the notion that mere presence implies common intention, the court held that the prosecution failed to prove the specific participation required for Section 34 IPC. The court found that the incident constituted a sudden fight in the heat of passion without premeditation, satisfying the conditions of Exception 4 to Section 300 IPC. Consequently, the appellants were acquitted of murder, and the homicide offender's charge was reduced to culpable homicide not amounting to murder. The death sentence was commuted to life imprisonment and the murder convict's sentence was remitted to nine years. Bai
What did the court decide?
Appellants acquitted of murder; death sentence remitted to 9 years life imprisonment for one; other sentenced to life imprisonment. Appellants released on bail pending next hearing date.