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Head Note

Indian Penal Code,1860  - Section 459 , Section 307 , Section 302 , Section 34

Conviction set aside - There was admitted enmity between the family of the deceased and that of accused 'G' - Eye witnesses have not narrated any specific role of appellant 'C' rather the specific role of assaulting with the sword has been given to 'G' - It cannot be ruled out that the name of the appellant has been added due to enmity with the main accused - Accused 'D' was also said to have exhorted accused 'G' to commit crime - Accused 'U' said to have kept his hand on the shoulder of 'G' to show his participation with the assailants in commission of murder of 'B' - High Court has not believed the evidence of prosecution witnesses as against 'U' - It is hard to believe that everyone exhorting 'G', in the manner suggested by prosecution - High Court has already given benefit of reasonable doubt to accused 'U' - It cannot be said that charge as against appellant 'C' that she had common intention with her husband to commit the crime, is proved on record beyond reasonable doubt -Her false implication with her husband due to enmity with family of deceased cannot be ruled out - Appellant liable to be acquitted from the charge of offence.

Topic(s)-Murder - Enmity - Acquittal