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Supreme Court of India 2017-07-26 allowed

State of Rajasthan vs Hazi Khan & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The State of Rajasthan appealed the acquittal of ten accused by the High Court who had assaulted a man in the middle of the night with lathis and sharp weapons, causing multiple severe injuries including a fatal head wound. The High Court acquitted them, finding no specific injury could be attributed to any individual accused. The Supreme Court held that all ten, having participated in the unlawful assembly and common assault, were constructively liable under Section 326 read with Section 149 IPC for grievous injuries, despite inability to trace each injury to a particular person. The Court sentenced each to seven years imprisonment and a fine of Rs. 2,000, considering the gravity of ten armed persons attacking one victim at night.

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Criminal Law Indian Penal Code Unlawful Assembly Constructive Liability Section 149 Grievous Hurt Murder Sentencing Evidence

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