PRAVEEN KUMAR Vs. STATE OF PUNJAB
LAWS(SC)-1982-11-2
SUPREME COURT OF INDIA
Decided on November 09,1982

PRAVEEN KUMAR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) The Appellant Praveen Kumar and his brother Naval Kumar were convicted by the learned Sessions Judge, Jullunder, Under Section 302 of the Penal Code for committing the murder of one Ramesh Chand and were sentenced imprisonment for life. The High Court of Punjab and Haryana having confirmed the order of conviction and sentence, the two accused filed a special leave petition in this Court. The special leave petition of Naval Kumar was dismissed by this Court, but on March 28, 1978, special leave was granted to the Appellant, limited to the question as to the nature of the offence and the sentence. The only question, therefore, which arises before us is whether on the facts and circumstances of the case, the Appellant can be held guilty Under Section 302 read with Section 34 of the Penal Code.
(2.) Mr. Mukherjee, who appears on behalf of the Appellant, has taken us through all the relevant circumstances of the case on the basis of which he argues that, at best, the Appellant can be held guilty Under Section 304, Part 1 or Part II and not Under Section 302 read with Section 34 of the Penal Code. We are unable to accept this submission. The Appellant was armed with a knife. After his brother Naval Kumar stabbed the deceased Ramesh Chand on the dies', he, the Appellant, assaulted the deceased, as a result of which the latter received an incised injury on his arm. Thereafter, the Appellant and his brother ran away. These circumstances leave no doubt that the two were actuated by a common intention to commit the murder of Ramesh Chand.
(3.) The Appellant's conviction Under Section 302 read with Section 34 of the Penal Code and the sentence of life imprisonment imposed upon him must, therefore, be upheld and the appeal dismissed.;


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