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Supreme Court of India 2019-02-26 partly_allowed

Shankar & Ors vs State of Maharashtra & Anr

Bench: 2 — Banumathi

In Brief

This criminal appeal concerned a boundary dispute between brothers, wherein Appellant 1 and Appellant 3 set fire to Appellant 1's brother's house, while Appellant 2 pelted stones during the altercation. The trial court and high court convicted all three under arson (Section 436 IPC) with common intention (Section 34 IPC). The Supreme Court found no evidence that Appellant 2 shared common intention to commit arson; he merely pelted stones (Section 323). His Section 436 conviction was set aside. All convictions were modified considering the parties' compromise, with sentences reduced to time already undergone, and assault charges dropped. The appeal was partly allowed."

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Criminal Law Criminal Procedure Section 34 IPC Arson Common Intention Sentencing Compromise Family Dispute

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