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    <title>1953 (5) TMI 34 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=305876</link>
    <description>Conviction for murder with the aid of common object liability under section 149 required certainty that at least five persons shared the common object; where the finding on the requisite number was uncertain, that foundation could not stand. On the evidence accepted, the Court relied on the two eyewitnesses, their prompt report, consistency, and corroborating circumstances to uphold the conviction under section 302 read with section 149. Sentence enhancement to death was treated as an exceptional power to be used only for the strongest reasons; because the trial court had exercised sentencing discretion judicially and the High Court gave insufficient grounds, the enhancement was set aside and the sentence was reduced to transportation for life.</description>
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    <pubDate>Fri, 15 May 1953 00:00:00 +0530</pubDate>
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      <title>1953 (5) TMI 34 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=305876</link>
      <description>Conviction for murder with the aid of common object liability under section 149 required certainty that at least five persons shared the common object; where the finding on the requisite number was uncertain, that foundation could not stand. On the evidence accepted, the Court relied on the two eyewitnesses, their prompt report, consistency, and corroborating circumstances to uphold the conviction under section 302 read with section 149. Sentence enhancement to death was treated as an exceptional power to be used only for the strongest reasons; because the trial court had exercised sentencing discretion judicially and the High Court gave insufficient grounds, the enhancement was set aside and the sentence was reduced to transportation for life.</description>
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      <pubDate>Fri, 15 May 1953 00:00:00 +0530</pubDate>
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