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Supreme Court of India 2016-11-17 partly_allowed

Baljit Kaur vs State of Punjab and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Three accused persons were convicted of murder under Section 302 IPC by the trial court, and the High Court upheld their conviction. On appeal, the Supreme Court set aside the convictions of Baljit Kaur and Gurpratap Singh, holding that persons who did not inflict any injury on the deceased cannot be convicted for murder when they have been acquitted of conspiracy and common intention charges. Only Amandeep Singh, who actually inflicted the fatal blow, remained convicted. The Court relied on established precedent that criminal liability requires direct participation, not mere presence."

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Criminal Procedure Murder Criminal Conspiracy Common Intention Criminal Liability Penal Law

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