The Supreme Court bench consisting of Justice Ajay Rastogi and Justice A.M. Khanwilkar observed that the accused person had common intention while causing bodily injury to deceased and so Section 34 of Indian Penal Code is applicable. The court cancelled the bail of accused appellants and sentenced them to life imprisonment while upholding the judgment of Kerala High Court.
Accused appellants ,Palakom Abdul Rahiman and G. Moideenkutty who were charged with double murder of Assainar Rahiman and his son Abdul Rahiman who dies due to the bodily injuries caused by the accused appellants. Along with the accused appellants , another 11 persons were chargesheeted for offences under Section 143, Section 148 , Section 323 , Section 324 , Section 325 and Section 302 of Indian Penal Code read with Section 149 IPC. Accused no.1 and 3 were separately charged under Section 302 read with Section 34 IPC and another charge of Section 302 IPC on accused no.3 .
Trial Court convicted both accused appellants along with other accused persons to rigorous life imprisonment for offences under Section 143, Section 148 , Section 323, Section 324 read with Section 149 IPC; Section 302 read with Section 149 PC.
Joint appeal by accused no 1, 2 and 3 was filed before the High Court of Kerala where the Court convicted the three accused to rigorous life imprisonment for offences under Section 302 read with Section 34 IPC.
Since accused no.2 passed away , an appeal was filed by the other two accused appellants before the top Court where the Court opined :
“ In our considered opinion ,both the appellants (accused no.1 and accused no.3) shared the common intention with accused no.2 by causing bodily injuries to the deceased which were sufficient in the ordinary course of nature to cause death of Assainar and Abdul Rahiman . Section 34 is , therefore , clearly attracted to the case of accused no.1 and accused no.3 even though the injuries assigned to him (accused no.3) may not be on the vital part of the body of the deceased , the conviction of accused no.1 and accused no.3 for the offence under Section 302 read with Section 34 IPC is , therefore , well-merited and the sentence of rigorous imprisonment for life imposed upon them is justified.” This is one of the top legal judgments in India.
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