Supreme Court: When Accused Acted With Common Intention, Punishment Can't Be Reduced Merely Because Injury Inflicted Individually Wasn't Severe

 Merely for the reason that

the injuries inflicted by Accused no.2 (K.B.Vijayakumar)

were less than what was inflicted by Accused no.3

(K.B.Jayakumar @ Suresh) and the injuries were not a

grievous. Conviction under Section 326 cannot be converted

to Section 324. Irrespective of the facts whether the

injuries caused to the injured persons (PW1 & PW7) were

only on the hand, the fact remained that the presence of

Accused no.2 on the spot is as an accomplice of Accused

no.3 and hence, Section 34 of the IPC is clearly made out.

IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

 CRIMINAL APPEAL NO(S). 1694/2014

THE STATE OF KARNATAKA Vs  BATTEGOWDA & ORS.

Dated: January 09, 2025.

Read full Judgment here: Click here.

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Supreme Court: Common intention U/S 34 of IPC and the pre-meeting of minds can take place at the spur of the moment itself during the course of the incident.

Accused no.2 on the spot is as an accomplice of Accused

no.3 and hence, Section 34 of the IPC is clearly made out.

The case of the defence is that when the Accused Nos.2 & 3

had arrived at the spot, they had no intention to inflict

the nature of injuries on the injured persons. Even if it

is assumed it is true, it cannot be denied that common

intention and the pre-meeting of minds can take place at

the spur of the moment itself during the course of the

incident.

IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

 CRIMINAL APPEAL NO(S). 1694/2014

THE STATE OF KARNATAKA Vs  BATTEGOWDA & ORS.

Dated: January 09, 2025.

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Distinction between offence punishable under S 326 of IPC and S 307 of IPC

Though the person convicted of the offence punishable under
Section 326 of the Indian Penal Code also can be sentenced to suffer life

imprisonment, two offences, one punishable under Section 326 of the Indian
Penal Code and other punishable under Section 307 of the Indian Penal Code
are distinct in nature inasmuch as 'intention' part of the offence is concerned.
The offence punishable under Section 326 of the Indian Penal Code involves
the act of accused which is 'voluntary' in nature whereas in the case for the
offence   punishable   under   Section   307   of   the   Indian   Penal   Code   the
prosecution is always under obligation to establish the requisite intention.
8. Since   in   the   present   case,   this   Court   has   opined   that   the
appellant did not have intention to cause death of P.W. 1 nor had he intention
to cause injury to P.W. 2 of the nature which was sufficient to cause death in
ordinary course of the nature, I am inclined to set aside the order of the trial
Court convicting the appellant for the offence punishable under Section 307
of the Indian Penal Code.   In my opinion, the appellant had committed
offence   punishable   under   Section   326   of   the   Indian   Penal   Code.   
  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 287 OF 2014
Sanjay Shankar Shahu, V The State of Maharashtra,

                             CORAM : M.L. TAHALIYANI, J.
                              DATED   : NOVEMBER 07, 2014.
Citation; 2015 ALLMR(cri) 2670

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