State of a. P. v. M. Sohan Babu & Anr.
Case brief
What is this about?
Supreme Court of India, Criminal Appeal No. 363 of 2005, decided 14-12-2010 (Harjit Singh Bedi and Chandramauli Kr. Prasad, JJ.). State of A.P. v. M. Sohan Babu & Anr. Midnight armed house-entry with intent to commit robbery (S. 460 IPC); deceased stabbed, witnesses injured. Issues: applicability of Clause thirdly S. 300 IPC; inference of common intention under S. 34 from circumstances arising during the incident. Holding: common intention inferable even from circumstances arising mid-incident; armed robbers using knives repeatedly and effectively showed willingness to kill; S. 304 Part-I conversion by Andhra Pradesh High Court (judgment dated 11.12.2003) erroneous. Disposition: State's appeal allowed; trial court conviction under Ss. 302/34, 460 and 324 IPC restored. Keywords: common intention, robbery-murder, S. 302 vs S. 304 Part-I, S. 460 IPC.
What did the court decide?
State's appeal allowed; the High Court's conversion of the conviction from Section 302 to Section 304 Part-I IPC set aside and the trial court's judgment (conviction under Sections 302/34, 460 and 324 IPC) restored.