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december 1996

Supreme Court of India · 1996-12-03

MOHMEDRAFIZ HUSENMIYA THAKORAND OTHERS vs STATE OF GUJARAT

Citation / case number
SC 1992/87184
Court
Supreme Court of India
Petitioner
MOHMEDRAFIZ HUSENMIYA THAKORAND OTHERS
Respondent
STATE OF GUJARAT
Author
THOMAS
Bench
K.T. THOMAS A.S. ANAND

Judgment text excerpt

The Supreme Court upheld the conviction of nine appellants under Section 302 read with Section 149 IPC for the murder of Girishbhai, affirming the findings of the designated court under the TADA Act, 1987. The Court emphasized that the prosecution successfully established the involvement of the appellants in a communal attack that resulted in the victim's death. The appeal by the convicted individuals was dismissed, reinforcing the legal principle that collective culpability can be established under Section 149 IPC in cases of unlawful assembly leading to murder.

MOHMEDRAFIZ HUSENMIYA THAKORAND OTHERS vs STATE OF GUJARAT · Niyam