MAHABIR GOPE vs STATE OF BIHAR

The Supreme Court held that Section 303 of the Indian Penal Code applies to a person undergoing life imprisonment who commits murder, regardless of whether the conviction is under Section 302 with Section 34 or Section 149. The Court clarified that constructive liability under Section 34 does not negate the commission of murder. The appellant's death sentence was upheld as the High Court confirmed the trial court's conviction and sentence, rejecting the argument that Section 303 is inapplicable in this context.