Supreme Court of India · 2008-10-24
Somon vs State Of Kerala
- Citation / case number
- AIRONLINE 2008 SC 103
- Court
- Supreme Court of India
- Petitioner
- Somon
- Respondent
- State Of Kerala
- Author
- C.K. Thakker
- Bench
- D. K. Jain, C.K. Thakker
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 302 IPC for the murder of Balan, affirming the High Court's decision that the evidence supported a finding of shared common intention among the accused. The Court noted that while accused Nos. 2-6 were acquitted due to insufficient evidence, the appellant's conviction was based on credible testimony from injured witnesses and an independent witness. The Court emphasized that the principle of benefit of doubt did not apply to the appellant as the evidence against him was compelling and distinct from that of the acquitted co-accused.