Supreme Court of India
Shajahan v. State Rep. by Inspector of Police
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From the headnote
Penal Code, 1860 – s.396 r/w s.34 – Dacoity with murder – Five accused – Dacoity in shop of PW1 – Deceased was sleeping inside the shop – A2 held the legs of deceased, while A4 sat on his chest and strangled him to death – Trial court convicted all the five accused inter alia u/s.396 r/w. s.34 and sentenced them to imprisonment for ten years – High Court while affirming the conviction, enhanced the sentence of imprisonment from ten years to imprisonment for life – Held: In course of commission of dacoity, if a dacoit commits murder, all his companions who are conjointly committing dacoity…
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