Supreme Court · 1989 INSC 131 · Decided 13 April 1989
Allauddin Mian & ORS. Sharif Mian & ANR. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1989 INSC 131 · [1989] 2 S.C.R. 498
- Case number
- CRIMINAL APPEAL No. 343/1988
- Decided
- 13 April 1989
- Bench
- S. NATARAJAN, A.M. AHMADI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 141, 149, 302, 447, 148, 147, 354(3); CrPC Section 235, 354(3); Constitution Article 14, 19, 21
Headnote
Criminal Procedure Code, 1973: Section 235 and section 354(3)-Sentence-Decision-Sentencing court to approach questiou seriously-Endeavour to see that all relevant facts and circumstances bearing on sentence brought on record-Sentence of severity imposed­ Jmperative for Judge to indicate obligation to explain choice of sentence. Indian Penal Code, 1860: Sections 34, 141, 149--Unlawful assembly-Fastening of vicarious responsibility on a member-Pro­ secution to prove act was done in prosecution of common object of .D assembly. E F G l-I Accused Nos. I to 6, constituting
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