Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-s.302 r/ws.149-Murder-Common object Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860-s.302 r/ws.149-Murder-Common object-Accused persons attacked house of the informant night armed with deadly weapons including guns and petrol bombs-Leading to killing of six persons in the family-Conviction-Courts below holding that accused persons committed offence in prosecution of common object of unlawful assembly-On appeal, held prosecution establishing the existence of common object of unlawful assembly amongst accused persons thus Section 149 applicable-However, mere fact that no overt act attributed to the accused persons does not render Section 149 inapplicable. Evidence Act, 1872-Testimony of related witnesses-Reliance on-Held, such testimony is reliable.Constitution of India, Article 136-Concurrent finding of fact-Interference with-Held, is permissible only in exceptional cases when there is some manifest illegality or irregularity. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2002 INSC 201 |
Petitioner | Chandra Bihari Gautam And Ors |
Respondent | State Of Bihar |
SCR | [2002] 2 S.C.R. 1164 |
Judgement Date | 2002-04-15 |
Case Number | 1161 |
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