Supreme Court of India · 1967-11-24
BAUL & ANOTHER vs STATE OF U.P.
- Citation / case number
- SC 1965/160
- Court
- Supreme Court of India
- Petitioner
- BAUL & ANOTHER
- Respondent
- STATE OF U.P.
- Bench
- HIDAYATULLAH
Judgment text excerpt
The Supreme Court held that in a case involving Section 302 IPC, the prosecution must prove that the accused caused at least one of the fatal injuries to secure a conviction. With one of the two accused acquitted, the common intention necessary for a conviction under Section 34 IPC was not established. Consequently, the court granted the accused the benefit of the doubt regarding the murder charge but allowed for a conviction under Section 325 IPC for causing grievous hurt.