Supreme Court of India · 2019-03-05
ASIFKHAN vs THE STATE OF MAHARASHTRA
- Citation / case number
- SC 2014/37601
- Court
- Supreme Court of India
- Petitioner
- ASIFKHAN
- Respondent
- THE STATE OF MAHARASHTRA
- Author
- HON'BLE MR. JUSTICE ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN
Judgment text excerpt
The Supreme Court upheld the conviction of the accused under Sections 302, 323, 504, and 506 read with Section 34 IPC, affirming the trial court's finding of common intention among the accused. The Court emphasized that for a conviction under Section 34 IPC, there must be evidence of a pre-arranged plan among the accused, which was established for accused Nos. 1 and 2 but not for Nos. 3 and 4. The judgment of the High Court was dismissed, and the trial court's conviction was upheld, leading to the affirmation of the sentences imposed on the guilty parties.