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Sandeep v. The State of Haryana

Criminal Appeal · 2021 INSC 426Decided 27 Aug 2021
Criminal Appeal No. 1613 of 2018
Justice Uday Umesh Lalit · Justice Ajay Rastogi

Background

A family dispute in a Haryana village over encroachment on a common street escalated into violence. During an altercation, the appellant Sandeep and his brother Pardeep were accused of having instigated/carried out the shooting death of a neighbour, Surender, with Pardeep firing the fatal shot. The trial court convicted all four family members (Pardeep, Sandeep, their father Ishwar, and mother Krishana) under Section 302/34 IPC, and the Punjab and Haryana High Court upheld the conviction. This judgment jointly decided four connected appeals, including Sandeep's own Criminal Appeal No. 1613 of 2018.

Decision Breakdown

The Supreme Court found the eyewitness accounts (including two eyewitnesses who were family members of the victim) credible, consistent with the FIR, and corroborated by medical evidence showing the victim was shot from above (consistent with the shooter being on the roof). The Court held that Pardeep's role as the shooter was proved beyond doubt. As between the remaining family members, the Court distinguished their roles: the parents (Ishwar and Krishana) had only exhorted their sons at an earlier, less immediate point and were given the benefit of the doubt, whereas Sandeep's exhortation came immediately before the fatal shot was fired while he could see Pardeep armed on the rooftop, making his involvement proved beyond reasonable doubt. Accordingly, the appeals of Sandeep and Pardeep were dismissed (their convictions upheld), while the appeals of Ishwar and Krishana were allowed and they were ordered released.

Lesson Learnt

In cases of common intention under Section 34 IPC, courts will examine each accused's individual role and its proximity in time to the actual crime: the same general accusation of "exhortation" can lead to different outcomes depending on how closely it is linked to the fatal act.

Official source (sci.gov.in)View Judgment (PDF)

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