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Supreme Court of India 2018-09-19 dismissed

Subhash Mahto vs State of Bihar

Bench: 2 — R. Banumathi

In Brief

Subhash Mahto was convicted under Section 302 IPC for his role in the murder of Ramanand Mahto on 1 October 1988. The evidence established that while two accused inflicted the fatal blows, Mahto and others caught hold of the victim and Mahto subsequently packed and disposed of the severed head. The High Court confirmed his conviction and life sentence. Mahto appealed, arguing his role differed from the principal wrongdoers. The Supreme Court dismissed the appeal, holding that as Mahto was specifically named in the FIR with a clearly attributed overt act forming part of the common criminal purpose, his conviction under Section 302 read with Section 34 IPC was justified.

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Criminal Law Murder Evidence Accomplice Liability

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