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september 1964

Supreme Court of India · 1964-09-21

SHANKARLAL KACHRABHAI AND OTHERS vs STATE OF GUJARAT

Citation / case number
SC 1962/66
Court
Supreme Court of India
Petitioner
SHANKARLAL KACHRABHAI AND OTHERS
Respondent
STATE OF GUJARAT
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 302 IPC, when multiple individuals act with a common intention to kill, they can be convicted even if they mistakenly kill someone else, as per Section 34 IPC. The Court clarified that Section 301 IPC is not applicable in cases where there is an intention to kill, thus affirming the conviction of the appellants for murder. The judgment overturned the lower court's acquittal of the accused under Section 302 IPC, reinforcing the principle that common intention suffices for liability in homicide cases.

SHANKARLAL KACHRABHAI AND OTHERS vs STATE OF GUJARAT · Niyam