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Supreme Court of India 2023-09-21 partly_allowed

SUNIL vs STATE OF NCT OF DELHI

Bench: 2 — Hrishikesh Roy, Manoj Misra

In Brief

In this case, the Supreme Court examined whether appellants Sunil, Shri Krishan, and Ravinder could be convicted for murder following indiscriminate firing by their relative Babu Ram that killed two persons (Anil Kumar and Vijay) and injured 26 others. The Court found that while the appellants exhorted the shooter not to spare the rival faction's supporters, there was no clear evidence that the two deceased were intended targets or supporters of the rival group. The Court acquitted the appellants of murder charges but upheld convictions for attempted murder under Section 307 IPC, given the indiscriminate nature of the attack and the appellants' knowledge of the imminently dangerous act. The Court also rejected the procedural challenge regarding omission of statements, finding no prejudice.

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Criminal Law Common Intention Murder Attempted Murder Criminal Procedure

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