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Yogesh @ Sonu vs. The State

Not available · 2024 INSC 305Decided 4 Apr 2024
Not available
Justice M.M. Sundresh · Justice S.V.N. Bhatti

Background

At a birthday party, an altercation broke out between one guest (accused No. 2, Yogesh @ Sonu) and the eventual victim. Accused No. 1 (Pradeep Dabas) then fired a gun at the victim, missing at first; he briefly handed the gun to Yogesh urging him to shoot, but Yogesh did not fire: Pradeep took the gun back and fired the fatal shot himself. Both men were convicted of murder (Section 302 read with Section 34 IPC, i.e., acting with common intention) by the trial court and the High Court, based mainly on one surviving eyewitness (most others turned hostile) and gun-recovery evidence.

Decision Breakdown

The Supreme Court split the two appeals. For Yogesh (A2), the Court found no evidence he shared a common intention to kill. He was merely present, had quarrelled with the victim, and even when handed the gun did not fire it; presence and a prior verbal dispute cannot, by themselves, establish shared murderous intent under Section 34 IPC, so his conviction was set aside entirely and he was acquitted. For Pradeep (A1), the Court found the shooting arose from a sudden quarrel during a liquor-fuelled gathering, without premeditation, and the weapon had not been brought along for the purpose of committing a crime, so his offence was downgraded from murder (Section 302) to culpable homicide not amounting to murder (Section 304 Part I). Given he had already served about eight years and ten months (about ten years with remission), his sentence was reduced to time already served, and he was ordered released; the Arms Act conviction was upheld.

Lesson Learnt

Mere presence at the scene of a quarrel, or a role in the immediate dispute, does not automatically make someone criminally liable for a co-accused's later act of violence under the "common intention" principle; and a sudden, unpremeditated killing during a heated, alcohol-fuelled altercation is treated by law as a lesser offence than a deliberate murder.

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

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