LexSUDIP KR. SEN @ BILTU versus STATE OF WEST BENGAL & ORS.
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A B c D E F G H [2016] 1S.C.R.616 SUDIP KR. SEN @ BILTU v. STATE OF WEST BENGAL & ORS. (Criminal Appeal No. 17 of2016 etc.) JANUARY 07, 2016 [T. S. THAKUR, CJI AND R. BANUMATHI, J.] Penal Code, 1860: s. 302 nv s. 34 - Murder - Conviction u/s. 302 rw s. 34 - On facts, appellants and another co-accused came together, one accused abused the victim and one of them exhorted others - On such exhortation, h;•o accused caught hold of the victim and hl>o accused fired at the victim resulting in his death - On basis of the evidence of PW 6-single witness, trial court convicted and sentenced the appellants and co-accused u/s. 302134 - High Court upheld the order - Interference with - Held: Not called for - There is no ground to interfere with the concurrent finding recorded by the courts below as to the reliability of PW-6 and to record the conviction - Evidence of PW-6 to the effect that all the appellants and another co-accused were doing illegal business of extorting money from the flat owners as also as regards the entire incident - Facts and circumstances clearly establish that there was prior concert and that the appellants acted in furtherance of common intention in committing the murder of the victim and thus, were rightly convicted u!s. 302134. s. 34 - Common intention - Connotation of - Held: Common intention implies pre-arranged plan - Under s.34 a pre-concert in the sense of a distinct previous plan is not necessary to be proved - Essence of liability uls. 34 is conscious mind of persons participating in the criminal action to bring about a particular result - Question whether there was any common intention or not depends upon inference to be drawn from the proved facts and circumstances of each case. Prithipal Singh & Ors. vs. State of Punjab & Anr. 2012 (14) SCR 862: (2012) 1 SCC 10 - referred to. Case Law Reference 2012 (14) SCR 862 referred to. Para 12 616 SUDIP KR. SEN@ BILTU v. STATE OF WEST BENGAL 617 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal A Nos. 17 of2016 etc. From the Judgment and Order dated 24.09.2012 at the High Court at Calcutta in Cr!. Appeal No. 544 of 2004. WITH Crl. A. Nos. 19, 21, 23 and 25 of2016 Mehul M. Gupta, R. P. Gupta, Rauf Rahim, Sunita Sharma, Sumita Hazarika, Rukhsana Choudhury, Shashi Kiran, Sukesh Ghosh, Rameshwar Prasad Goyal for the Appellant. Joydeep Mazumdar, Parijat Sinha, Rohit Dutta, Sweety Chattopadhyay for the Respondents. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. Delay condoned. Leave granted. 2. These appeals arise out of the common judgment dated 24.09.2012 passed by the High Court of Calcutta dismissing Criminal Appeal No.544 of2004 filed by the appellants and thereby affirming the conviction of the appellants under Section 302 read with Section 34 !PC and sentence of life imprisonment and a fine of rupees five thousand imposed on each of them. 3. Briefly stated case of the prosecution is that on 13.01.2002 at about 08.30 p.m., complainant-PWl-Gora Das was having tea alongwith some of his friends at the shop ofone Bablu Pal-PW5 at Shakherbazar. Sandipan Majumdar-PW6 sitting on his motorcycle was also having tea in front of tea stall of PW-5. At that time, the appellants came in a body to the place of occurrence. At first, appellant-Sudip Kumar Sen@ Biltu (A-3) abused the deceased-Saikat Saha and asked him as to why he did not meet Jishu da in the court as he was asked to do so at several occasions. Appellant-Apu Chatterjee@ Soumitra (A-6) said that if the men of Khoka were not killed then there would be no peace. On such exhortation, appellants-Tapas Das@ Bhambal (A-2) and Sankar Das @ Bhai (A-4) caught hold of Saikat Saha-deceased and appellants Goutam Ghosh (A-1) and Sk. Kochi@ Sk. Mobarak (A-5) fired at him and Saikat Saha sustained two gunshot injuries in the right chest. Gora Das-PW! and Sandipan Majumdar-PW6 had immediately taken injured Saikat Saha to Calcutta Medical Research Institute. Dr. Debasish Pal- PW9 examined Saikat Saha and declared that he was brought dead and issued Injury Report (Ex.4) and Death Certificate (Ex-P4/1 ). B c D E F G H 618 A B c D E F G H SUPREME COURT REPORTS (2016] I S.C.R. 4. Gora Das-PW! lodged the complaint on 14.01.2002 at 1.45 a.m. before Thakurpukur Police Station, on the basis of which FIR was registered in Case No.12 of 2002 under Section 302 read with Section 34 !PC and Sections 25 and 27 of th
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