Interpretation of Section 34 IPC in Conviction and Sentencing

In a recent legal case, the court’s analysis of Section 34 of the Indian Penal Code played a crucial role in determining the conviction and sentencing of the accused parties. The court’s interpretation of this section and its application in the case had significant implications on the final judgment. This blog delves into the details of how the court’s legal analysis of Section 34 IPC shaped the outcome of the case.

Facts

The specific part (FAC) of the judgment has been filed.
Accused No. 1’s conviction and sentence were confirmed and the appeal was dismissed.
Accused Nos. 2, 3, and 4 filed and had their Special Leave Petitions dismissed.
A Review Petition against the dismissal of the Special Leave Petitions is pending.
Accused Nos. 2, 3, and 4 were convicted under section 304 Part-II IPC and awarded 10 years of rigorous imprisonment with a fine.
The High Court acquitted accused Nos. 2, 3, and 4 for offences under section 302 IPC and convicted them under section 304 Part-II IPC with a sentence of 10 years rigorous imprisonment and a fine.
Two appeals were filed before the High Court against the conviction.
Accused Nos. 1 and 3 joined to file one Criminal Appeal, while accused Nos. 2 and 4 filed another.
The Trial Court convicted all four accused for offences under sections 302, 341, and 506 read with section 34 of the IPC and awarded sentences.

Also Read: Analysis of Jurisdiction under Section 319 of the CrPC

Arguments

The argument advanced by learned senior counsel is that if section 34 IPC was applied, then each accused should have been convicted under the same provision and awarded the same sentence.
Learned senior counsel suggests that all four accused with the aid of section 34 IPC could have been convicted and sentenced under section 302 IPC or section 304 Part-II IPC.

Also Read: Balancing Private Grievances and Public Interests