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Supreme Court of India 2022-01-07 partly_allowed

JASDEEP SINGH @ JASSU vs STATE OF PUNJAB

Bench: 2 — Sanjay Kishan Kaul, M.M. Sundresh

In Brief

Four men were charged with causing a death during a street altercation. The trial court and High Court convicted three of them (A3, A4, and one other) under culpable homicide, finding the act was done in sudden passion rather than with premeditation. The Supreme Court allowed the appeals of A3 and A4, finding the prosecution failed to prove beyond reasonable doubt that they shared common intention under Section 34 IPC. Although they uttered a statement, the key evidence of prior planning was disbelieved and the statement alone was insufficient without other corroboration. The appeal by the de facto complainant seeking conviction for murder was dismissed, and the convictions of A3 and A4 were set aside.

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Criminal Law Vicarious Liability Common Intention Culpable Homicide Evidentiary Burden Section 34 IPC Exception 4 Section 300 IPC

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