Supreme Court of India
Sanjay Puran Bagde & Anr. v. The State of Maharashtra
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What the Court ordered
In view of the aforesaid reasons, we cannot really fault the conclusion arrived at by the High Court in reversing the acquittal by the 183 trial Court on what may be stated as the erroneous principle of law followed by the trial Court.
Judgment, page 5
From the headnote
Penal Code, 1860 – s.302 r/w s.34 – Murder – Common intention – On the fateful night at about 3 a.m., the victim and his wife (eye witness) woke up and while the wife was doing preparations for cooking, the husband went to attend to the nature’s call – Wife heard his shouts, when she ran to the site she saw two accused assaulting her husband with an axe whereas the appellants had caught hold of him – She found him bleeding, he also told her that four of them had caught hold of him and assaulted him by an axe – He was taken to hospital, was declared brought dead – Appellants were acquitted by…
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