Hari Shankers Vs. State of U.P.
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Head Note
Indian Penal Code,1860 - Section 302 , Section 34
Murder - Common Intention - Concurrent findings of conviction of the appellant by the Sessions Court and the High Court on the basis of the statement of eye witness PW2 and its corroboration by the medical evidence - Since the acquittal of all co-accused has become final, the conviction of the appellant under Section 34 becomes unsustainable.
Indian Penal Code,1860 - Section 302 , Section 326
Murder - Nature of Offence - Role attributed to the appellant becomes proved - He made a gunshot which caused an injury on the right hand wrist of the deceased - Held this injury could not have caused the death of the deceased - High Court was misplaced in maintaining the conviction of the present appellant under Section 302 of IPC - Conviction of the appellant altered to one under Section 326 IPC - Accordingly appellant sentence him to 10 years rigorous imprisonment under Section 326 IPC.
Topic(s)-Murder - Offence converted - Conviction for laser offence