Supreme Court · 1964 INSC 1 · Decided 7 January 1964
Afrahim Sheikh and Others v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 1964 INSC 1 · [1964] 6 S.C.R. 172
- Case number
- CRIMINAL APPEAL No. 134/1963
- Decided
- 7 January 1964
- Bench
- M. HIDAYATULLAH, RAGHUBAR DAYAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 304
Headnote
7 SUPREME COURT REPORTS AFRAHIM SHEIKH AND OTHERS v. STATE OF WEST BENGAL (M. HIDAYATULLAH AND RAGHUBAR DAYAL JJ.) Criminal Trial-Penal Code-Convictio11 under s. 304 Part II-If can be read with s. 34--'•/ntention" & ~·K11ow/edge"-/11dian Penal Code, 1860 (45 of !860), by special leave, it was contended that s. 304, Part II could not be read with s. 34 Indian Penal Code because the second part of s. 304 excluded intention and was concerned with knowledge an'd the conviction was illegal. Held: (i) Section 34 when it speaks of a criminal act done by several
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