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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 case involved three appellants convicted of arson and hurt arising from a boundary dispute between brothers with adjacent agricultural fields. The trial court and high court convicted all three under Section 436 IPC (arson) read with Section 34 IPC (common intention) and under Section 323 IPC (hurt). The Supreme Court partially allowed the appeal: it set aside appellant no. 2's conviction under Section 436 read with Section 34 IPC, finding no evidence he shared common intention with the principal offenders, though his conviction for hurt was sustained. For all appellants, the Court reduced sentences to time already served and set aside the hurt convictions, citing compromise between the parties as a relevant sentencing factor.

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Criminal Law Indian Penal Code Common Intention Arson Sentencing Compromise and Settlement Hurt

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