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Criminal · Reportable judgment

Sanjay Puran Bagde & Anr. vs The State of Maharashtra

Court
Supreme Court of India
Date
28 July 2022
Case No.
Criminal Appeal No. 143 of 2020
Result
Dismissed
Bench
Sanjay Kishan Kaul, M.M. Sundresh
Citation
[2022] 7 S.C.R. 178 : 2022 INSC 766
Supreme Court Reports [2022] 7 S.C.R. 178 : 2022 INSC 766
Headnote

Penal Code, 1860 – s.302 r/w s.34 – Murder – Common intention – On the fateful night at about 3 a.m., the victim and his wife (eye witness) woke up and while the wife was doing preparations for cooking, the husband went to attend to the nature’s call – Wife heard his shouts, when she ran to the site she saw two accused assaulting her husband with an axe whereas the appellants had caught hold of him – She found him bleeding, he also told her that four of them had caught hold of him and assaulted him by an axe – He was taken to hospital, was declared brought dead – Appellants were acquitted by trial court noticing that the role attributed to them was of catching the victim without actual participation or use of weapon to assault and inflict injuries, other two accused were convicted – High Court dismissed the appeal of the convicted accused, while the acquittal of appellants was reversed – SLP filed by the two accused who used the axe was dismissed – Held: Concurrently both the Courts have held that the witnesses were reliable, more so the wife of the deceased – There is no quibble with the manner in which the incident occurred or the identifying of all the accused – The very presence of all the accused at 3.30 in the morning at the site with two of them holding an axe clearly shows that there can be no doubt about a common intention in behalf of what they were proposing to do – It was not an axe picked up at the site – Two of the accused were carrying the axes – It is not a sudden incident which had occurred – The premeditated intention was clear – Even at the site, the intentions had never changed as the appellants were holding the deceased while the other two attacked – The fact that only two of them used the axe while the other were two holding the deceased to ensure appropriate injuries being inflicted on the deceased would give no remission to the case of the appellants – No fault in High Court reversing the acquittal.

Read the full headnote (3 more paragraphs)

Penal Code, 1860 – s.34 – Scope of – Common intention – Evidence – Held: s.34 creates a deeming fiction by infusing and importing a criminal act constituting an offence committed by one, into others, in pursuance to a common intention – This would require the quality of evidence to be substantial, concrete, definite and clear. Penal Code, 1860 – s.34 – Common intention – Principle of constructive liability – Held: Dominant feature of s.34 is an element of intention and participation in action – This participation need not in all cases even be physical presence but a common intention – There has to be a simultaneous consensus of minds of the persons participating in the criminal action to bring about a particular result – That intention can be formed at any time – s.34 does not create any distinct offence but it lays down the principle of constructive liability stipulating that the act must be done in furtherance of the common intention.

Jasdeep Singh Alias Jassu v. State of Punjab (2022) 2 SCC 545 : 2022 (1) JT 96; Virendra Singh v. State of Madhya Pradesh (2010) 8 SCC 407 : [2010] 9 SCR

772 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by SANJAY KISHAN KAUL, J. 1. On the fateful night intervening 2nd and 3rd November, 2015 at about 3 a.m. the deceased Vilas Babusa Gawande and his wife Sau. Anita Vilas Gawande woke up and while the wife was doing preparations for cooking, the husband went to attend to the nature’s call. The wife (PW-6) heard shouts of the husband that four persons were assaulting him and when she ran to the spot she saw two of them, Manoj Puran Badge and Puran Sakharam Bagde assaulting the husband with an axe and whereas the appellants before us Sanjay Puran Bagde and
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