Asifkhan v. The State of Maharashtra

Criminal Appeal · 2019 INSC 311Decided 5 Mar 2019
Criminal Appeal Nos. 286-288 of 2019
Justice Ashok Bhushan · Justice K.M. Joseph

Background

In October 2010, a dispute broke out at a common well in Maharashtra when the complainant refused to let a group of men, including Nasibkha and Asifkhan, take extra water out of turn during a power cut. After an initial scuffle, Nasibkha and Asifkhan rode off on a motorcycle and returned about ten minutes later armed with a knife; Asifkhan caught hold of the complainant's brother Sardarkha by the neck while Nasibkha stabbed him, and Sardarkha died shortly after at the hospital. The trial court convicted Nasibkha and Asifkhan only of the lesser offence of culpable homicide not amounting to murder (Section 304 Part II), reasoning there was no proof of intent to kill, and acquitted two other co-accused entirely. On appeal, the High Court disagreed, finding the evidence showed a premeditated return with a deadly weapon, and convicted both men of murder under Section 302 read with Section 34 IPC; Asifkhan then appealed to the Supreme Court (the other convict's appeal had already been dismissed at the leave stage).

Decision Breakdown

The Supreme Court held that the High Court was right to overturn the trial court's reasoning, which it found internally inconsistent: the trial court itself had noted the accused used a 15.5 cm knife capable of causing death yet still concluded there was no intention to kill. The Court emphasised that the two accused left the scene after the first altercation, deliberately returned armed with a knife about ten minutes later, and then acted in concert, Asifkhan restraining the victim by the neck while his companion stabbed him, which together clearly established a shared ("common") intention to kill under Section 34 IPC, consistent with precedent on how common intention can be inferred from conduct even without an explicit prior agreement. Finding no merit in the appeal, the Supreme Court dismissed it and upheld the murder conviction.

Lesson Learnt

When two or more people jointly act toward causing a victim's death, even if only one delivers the fatal blow, the other participant can be convicted of murder too if the evidence shows they shared a common intention, which courts can infer from conduct such as leaving to fetch a weapon and returning together to attack.

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