common intention formed at the spur of the moment and during the occurrence itself - Supreme Court

Common Intention - among the co-perpetrators - formed at the spur of the moment and during the occurrence itself -  direct evidence not available - common intention has to be determined by drawing inference from the facts proved.

SUPREME COURT OF INDIA                                 NON-REPORTABLE

D.D-24Feb-2023

The State of Madhya Pradesh       …Appellant

Versus

Jad Bai                                        …Respondent

CRIMINAL APPEAL NO.    586    OF 2023

(Arising from SLP(Criminal) No.8692/2022)

 Headnotes

Murder – Common Intention – Sect. 302, 34 IPC – Sect. 313 Cr.P.C. – Facts - FIR by the wife of the deceased - accused killed her husband - due to a land dispute – accused called the deceased to their house - respondent and her co-accused, husband, and son - convicted for the murder - life imprisonment - High Court acquitted the respondent while conviction of another accused upheld - state moved to Supreme Court.

Held - prosecution's case is based on the testimony of PW1 -testified - incident occurred in the house of the respondent – respondent’s husband caused four injuries on the deceased's head, and respondent caught hold of the deceased - dragged dead body and threw - participation of the respondent in the commission of the offence and her shared intention to kill the deceased have been established and proved by the prosecution.

Common Intention - among the co-perpetrators - formed at the spur of the moment and during the occurrence itself -  direct evidence not available - common intention has to be determined by drawing inference from the facts proved. Conviction Upheld. Appeal Allowed.