LALLUBHAI NARANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS regards accused No. 2 Shankers evidence makes it clear that accused No. 2 facilitated the commission of the offence by accused No. 1 by catching hold of the arms of Chetan and thus accused No. 2 had aided accused No. 1 in bringing about the death of the deceased. The circumstances of the quarrel immediately preceding the infliction of the injuries on the deceased and further the fact that both accused Nos. 1 and 2 were armed with dangerous weapons like a 'dharia and a 'Vansi clearly show that the intention of both was to inflict serious injuries on the deceased. Under the circumstances it is clear that accused No. 2 had abetted accused No. 1 in the commission of the offence of murder and this offence was committed in consequence of such abetment and therefore accused No. 2 had clearly committed the offence of abetment of murder punishable under sec. 302 read with sec. 109 of the Indian Penal Code.

(2.) AT this stage we must mention that the learned Additional Sessions Judge was in error when he framed the charge against accused No. 2. under sec. 302 read with sec. 114 Indian Penal Code and when he ultimately found accused No. 2 guilty of the offence punishable under sec. 302 read with sec. 114 Indian Penal Code. As pointed out by the Privy Concil in Barendra Kumar Ghosh v. Emperor A.I.R. 1925 P.C. 1 :-