In Brief
Baidhu and four others were charged with murdering Ram Dutt and Narain Deen. The trial court and high court convicted Baidhu under Section 302 IPC (murder) read with Section 149 IPC (common intention). The Supreme Court found that although Baidhu was present and part of the group armed with a Lathi, the evidence did not establish an intention to kill. The weapon was ordinary, the injuries were non-specific, and no fatal injury was attributable to the Lathi. The Court set aside the murder conviction and modified it to Section 304 Part II IPC (death by rash or negligent act). Having served over 12 years in prison, Baidhu was released immediately.
The lawyer headnote and full judgment text are available to registered users.