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november 1967

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.

BAUL & ANOTHER vs STATE OF U.P. · Niyam