AIR 2005 SUPREME COURT 57 ::2004 AIR SCW 6260 ::(2004) 1 Orissa LR 659 ::2004 FAJ 225 ::2005 (1) UJ (SC) 211 ::2005 UJ(SC) 1 211 ::(2004) 4 CurCriR 230 ::2004 (13) SCC 238 ::2005 SCC(Cri) 161 ::(2004) 9 Scale 238 ::2005 (1) AndhLT(Cri) 91 SC ::(2005) 1 ALD(CRL) 671 ::2005 (1) AllCriLR 589 ::(2004) 3 ChandCriC 401 ::2005 (1) EastCriC 46 ::(2004) 28 OCR 370 ::(2004) 4 KHCACJ 366 (SC) ::(2004) 2 FAC 155 ::2005 (1) RajCriC 36 ::(2005) 1 SCJ 54 ::2005 (1) BLJ 360 ::2004 (4) Crimes 323 ::2004 (6) SLT 548 ::2004 (8) Supreme 98 ::(2004) 3 AllCriC 3059 ::(2005) 1 All Cri C 183 ::(2005) 25 AllIndCas 374 (SC) ::2005 All MR(CRI) 264

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): Arijit Pasayat, C. K. Thakker , JJ

Penal Code (45 of 1860) , S.304 Part II, S.34— Murder - Common intention - Quarrel between two accused persons with other three persons one of whom was deceased - Deceased and other two persons ignored assault of accused persons and proceeded further - Appellants chased them and took up a quarrel again - Third accused came there along with others - Used violence and injuries were caused to deceased due to which he ultimately died - Thus, it was clear that said criminal act was done in furtherance of common intention - Evidence of doctor showing that head injury was sufficient to cause death - Conviction of three accused persons for offence punishable under S.304-II, S.34 of IPC - Proper. Barendra Kumar Ghosh v. Emperor, AIR 1925 PC 1 : (1925) 26 Cri LJ 431 and Afrahim Sheikh v. State of West Bengal, AIR 1964 SC 1263 : 1964 (2) Cri LJ 350, Foll. (Para 16) .....