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Supreme Court of India 2017-01-27 dismissed

Ganga Ram Sah & Ors vs State of Bihar

Bench: 2 — A.K. Sikri

In Brief

This appeal challenges the conviction of four accused persons for the murder of Ram Udgar Sah under Sections 302/109 and 149 of the IPC. The deceased was fatally shot by one accused following a dispute over cattle grazing on crops. The appellant Ganga Ram Sah was accused of exhorting the armed group to attack. The Court upheld the conviction, finding that the assembled group arrived armed (gun and lathis) with a common object to commit murder, not merely grievous hurt. Eye-witnesses testified to the exhortation, and the nature of injuries (gunshot wounds and lathi blows to heads) demonstrated lethal intent. The appellants were equally liable under Section 149 for the murder committed in furtherance of their common unlawful objective.

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Criminal Law Unlawful Assembly Murder Conspiracy Evidence Eye-Witness Testimony Appellate Criminal Procedure

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