Supreme Court of India · 2011-04-26
Zahoor & Ors vs State Of U.P
- Citation / case number
- AIR 2011 SUPREME COURT 2501
- Court
- Supreme Court of India
- Petitioner
- Zahoor & Ors
- Respondent
- State Of U.P
- Bench
- Chandramauli Kr. Prasad, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the conviction of appellant Babu under Section 304 Part I IPC read with Section 34 IPC, affirming that the incident was a result of a sudden quarrel without premeditation. However, the court found that the other two appellants, Zahoor and Subrati, could not be held vicariously liable under Section 34 as they did not commit any overt act nor had any prior common intention. The sentence for Babu was reduced from 10 years to 5 years, while the appeals of Zahoor and Subrati were allowed, leading to their immediate release if not required in other cases.