New Delhi, Dec 2 (UNI) The Supreme Court has upheld the life imprisonment awarded to a man who participated in the murder of a person for demanding repayment of his loan of Rs 300.
Deceased Shaikh Masthan Vali had given a loan of Rs 300 to one Shaikh Khasim Saida and when Vali demanded back his money he was killed on April 6, 1999, in Guntur district of Andhra Pradesh. The deceased received 18 injuries and died of heart failure due to shock.
The trial court acquitted both the accused namely Saida and Shaik China Brahmam.
The Andhra Pradesh High Court, however, reversed the trial court order and sentenced both the accused to life imprisonment for the murder of Masthan Vali.
Accused no 2 Brahmam approached the Supreme Court against the High Court dated March 2, 2006.
A bench comprising Justices G P Mathur and D K Jain dismissed the appeal of Brahmam and observed ''the essential conditions for the application of Section 34 IPC are common intention to commit an offence and participation by all the accused in doing act or acts in furtherance of that common intention.'' ''If these two ingredients are established, all the accused shall be liable for the said offence. We have no doubt that in the present case both the ingredients are fully established and therefore accused no 2 is also liable for the commission of the offence. We are therefore we clearly of the opinion that A2 is guilty of the offence under Section 302 read with Section 34 IPC and the High Court rightly convicted and sentenced him for the said offence.'' However, accused no 1, Saida has not yet filed an appeal in the Supreme Court.
UNi AKS/SC PY PM1622