The Hindu : Tamil Nadu News : High Court quashes murder charge framed by trial court

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Tuesday, Nov 27, 2007
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Tamil Nadu

Tamil Nadu

High Court quashes murder charge framed by trial court

Mohamed Imranullah S.

MADURAI: The Madras High Court has quashed a murder charge framed against an accused by the trial court on the ground that the deceased had voluntarily intervened and suffered the fatal injury whereas the accused had instigated a gang only to kill the brother of the deceased.

Allowing a petition filed before the Madurai Bench, Justice A. Selvam said that it was erroneous to charge the petitioner under Section 302 (murder) read with Section 34 (When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it was done by him alone) of the Indian Penal Code.

He said that Section 34 can be vivisected into two, firstly the criminal offence (consisting of several acts) should have been committed by more than one person and secondly doing such acts cumulatively resulting in the commission of the offence should have been in furtherance of the common intention of all such persons.

In order to attract Section 34, it is not necessary that each one of the accused must have assaulted the deceased. It is enough to prove that they shared a common intention to commit the offence.

But in the instant case, the petitioner had instigated the gang only to kill the brother of the deceased.

“Therefore, it is quite clear that the alleged common intention so far as the present petitioner/first accused cannot be invoked,” Mr. Justice Selvam observed.

The Judge further said: “The argument advanced by V.K. Vijayaraghavan, learned counsel for the petitioner, is really having effective force whereas the argument advanced by the Government Advocate sans merit and the same can be eschewed.”

However, he made it clear that the rest of the accused in the case, except the petitioner, were liable to be prosecuted under relevant provisions of law.

The Melatur police in Thanjavur district had registered the murder case based on a complaint lodged by Ramadoss of Onbathuveli.

According to the complainant, a co-villager Rengu alias Rengaraj instigated a gang to kill him on August 9, 2006. But his brother Raman intervened and died.

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