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Supreme Court Of India

(From: Punjab and Haryana)

Hon'ble Judge(s): Abhay Manohar Sapre, R. Subhash Reddy , JJ

(A) Penal Code (45 of 1860) , S.302, S.34— Criminal P.C. (2 of 1974) , S.216— Murder and common intention - Alteration of charge - Eight co-accused persons already acquitted from charges under Ss. 302, 149 - Charge of remaining three accused persons altered from Ss. 302, 149 to Ss. 302, 34 - While altering charge from S.149 to S. 34, no evidence referred nor reasons accorded - Though 'Lalkara' given by accused, since dead but it was not to eliminate deceased - Failure of prosecution to prove common intention to commit murder on part of three accused persons - Their conviction under Ss.302,34, unsustainable. (Para 57 62 63 64 65) (B) Penal Code (45 of 1860) , S.302, S.34, S.324— Criminal P.C. (2 of 1974) , S.216— Murder or hurt with dangerous weapons - Alteration of charge - Co- accused assaulted with Farsa whereas other co-accused since acquitted fired gunshot which hit deceased - Prior to co-accused persons inflicting assault on deceased, accused persons gave single blow on hand and cheek of deceased - Post-mortem report establishing fact that said injuries sustained by deceased are simple in nature not resulting in her death - Considering individual participation in commission of crime, conviction of accu....