Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1862 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1862: ss.148, 302, 324 and ss.302 read with 149-Six accused-Prosecuted for murder-Charges framed u/s.148,302 and 324-Trial court held all the accused guilty of offences u/s.148, and 302-Besides, two of them were also held guilty u/s.324-High Court noticed that there was no charge framed under s.302 read with s.149-It found one accused guilty under s.304 Part-I and remaining five under s.326-Conviction under s.302 set aside-Held, Sessions Judge did not frame charge against accused persons for offence punishable under s. 302 read with s.149-Relevant prosecution allegations so as to bring in the ingredients of the offence punishable under s. 302 read with s.149 also were not incorporated in the charge framed by the Sessions Judge-Accused were not told that they had to face charge of being member of unlawful assembly and common object of such assembly was to commit murder of deceased and in furtherance of that common object murder was committed and thereby they had the constructive liability and thus they committed offence punishable under s. 302 read with s. 149-Of course, mere omission to mention s.149 may be considered as an irregularity, but failure to mention the nature of the offence committed by them cannot he said to be a mere irregularity-Therefore, it is not possible to reverse conviction of accused under s. 326 and substitute conviction for offence punishable under s.302/149 as there was no charge framed against them for such offence-As regards the sentence for offence u/s 326, the incident happened in 1990, accused must have undergone the period of sentence imposed on them and at this distance of time, it would not be just and proper to enhance the sentence imposed by High Court. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2004 INSC 178 |
Petitioner | Bala Seetharamaiah |
Respondent | Perike S. Rao And Ors |
SCR | [2004] 3 S.C.R. 28 |
Judgement Date | 2004-03-16 |
Case Number | 1107 |
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