Supreme Court of India · 2014-11-21
Naim & Anr vs State Of Uttarakhand
- Citation / case number
- AIR 2015 SC( CRI) 253
- Court
- Supreme Court of India
- Petitioner
- Naim & Anr
- Respondent
- State Of Uttarakhand
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, Dipak Misra
Judgment text excerpt
The Supreme Court upheld the conviction of Sabbir under Section 302 IPC for the murder of Ali Hassan, affirming the High Court's decision which had set aside the acquittal of Kabir and Naim by the trial court. The Court emphasized that the presence of Kabir and Naim with weapons did not absolve them of liability under Section 34 IPC, as they had participated in the crime with a common intention to kill. The Court ruled that the trial court's acquittal of Kabir and Naim was erroneous, leading to their conviction under Section 302 read with Section 34 IPC.