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Supreme Court of India 2022-02-09 allowed

Omkar Singh vs Jaiprakash Narain Singh & Anr

Bench: 2 — M. R. Shah, Sanjiv Khanna

In Brief

A murder case where the original accused No. 2 (father) was acquitted by the High Court despite all three eye witnesses testifying that he accompanied his son to the victim's location and exhorted him to kill the deceased, which the son did with a firearm. The Supreme Court held that the High Court erred in acquitting the father. Since the High Court had already confirmed the son's conviction based on the same reliable eye witnesses, and the motive (property dispute) was established, the father—who accompanied the son with common intention and provided exhortation—was equally liable under Section 302 read with Section 34 IPC. The Court restored the trial court's conviction and life sentence.

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Criminal Law Murder Evidence Common Intention Exhortation Appellate Review

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