LAWS(SC)-1989-2-41

A MOHNAM A MURUKAN Vs. STATE OF KERALA

Decided On February 13, 1989
A Mohnam A Murukan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Special leave granted in both the matters. Heard counsel for the appellants and the State,

(2.) Having regard to the evidence in the case, we are of the view that the appellants (accused 2 and accused 3 cannot be said to have shared a common intention with accused 1 to commit the murder of the deceased. Their attack on the deceased was only with sticks and it had caused only simple injuries to the deceased. It was thereafter accused 1 had come with a chopper and inflicted several injuries on the deceased which had brought about his death. In such circumstances, the common intention has to be gathered from their overt acts and not from what accused 1 did subsequently and hence they can be convicted only under S. 323 read with S. 34 IPC, 1860.

(3.) Accordingly, we set aside that conviction of these appellants (accused 2 and 3 under S. 302 read with S. 34, IPC, 1860 and the sentence of life imprisonment awarded therefor and instead award them conviction under S. 323 read with S. 34, IPC. As the appellants have already been in jail for more than four years, the appellants are ordered to be released from custody. Accordingly, the appellants will be set at liberty forthwith unless their confinement is required in connection with some other case against them. To the extent indicated above, the conviction and sentence of the appellants are modified and their appeals will stand allowed in part.