WILLIE WILLIAM SLANEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal was referred to a Bench of Five Judges in order to determine whether there was a conflict of view between - 'Nanakchand v. State of Punjab', (S) AIR 1955 SC 274 (A) and - 'Surajpal v. State of U.P., AIR 1955 SC 419 (B) and if so, to determine it.

(2.) The appeal is against a conviction for murder in which the lesser sentence was given. The main ground is that the appellant was charged under section 302 of the Indian Penal Code read with section 34. His co-accused was acquitted, so, it was urged, the element of common intention drops out and accordingly section 34 cannot be called in aid. But the Courts below hold that the appellant inflicted the fatal blow and have made him directly liable for the murder.

(3.) The charge was as follows :