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Sankar vs State Rep By Inspector Of Police, T

Supreme Court Of India|02 August, 2011
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JUDGMENT / ORDER

Summary

Issue: Common intention of the accused
Rule: Section 34 of the Indian Penal Code
Application: The court finds that the appellant had common intention with the co-accused, as the injuries caused by the appellant are of the same nature and gravity as those caused by the co-accused.
Conclusion: The court's decision ensures that the appellant is held accountable for the grave injuries caused to the victim.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1545 OF 2008 SANKAR ..... APPELLANT VERSUS STATE REP. BY INSPECTOR OF POLICE, T.N. ..... RESPONDENT O R D E R The only argument raised by the learned counsel for the appellant is that the appellant could not have been roped in with the aid of Section 34 of the Indian Penal Code. We find absolutely no merit in this plea. The injuries caused by the appellant are as under:
“4. Two deep cut injuries separated by a small bridge of skin extending from the inner aspect of lower 1/3 of left thigh on circling and running up to the posterior aspect of the knee upto the medial aspect, exposing the severed muscle quadriceps femoris, lateral group of muscles and the fractured lower and of the left femur with communication and running into the knee joint and exposing the chop fracture off upper and of left tibic and severed peploiteat nerves and vessels.
5. 3 deep cut injuries one parallel to the other over the medial aspect of right ankle and for each about 10 X 2 X 1 cm exposing the fractured fallo tarsal and meta tarsal bones on the medial aspect and served muscles, tendons, nerves and vessels.
6. A cut injury over the left calf region back of left 5 X 2 X 1 cm.”
The very gravity of the injuries caused by the appellant and the way he took up a meat cleaver and caused them clearly shows his common intention with the co- accused whose special leave petition was dismissed at the very initial stage.
We, accordingly, find no merit in the appeal. Dismissed.
. J [HARJIT SINGH BEDI] NEW DELHI AUGUST 02, 2011.
. J [GYAN SUDHA MISRA]
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Title

Sankar vs State Rep By Inspector Of Police, T

Court

Supreme Court Of India

JudgmentDate
02 August, 2011
Judges
  • Harjit Singh Bedi
  • Gyan Sudha Misra