Supreme Court · 2009 INSC 260 · Decided 25 February 2009
Amin Khan v. State of Rajasthan and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 260 · [2009] 3 S.C.R. 348
- Case number
- CRIMINAL APPEAL No. 385/2009
- Decided
- 25 February 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3, 35, 396; CrPC Section 390, 378(3); Arms Act Section 3, 35
Headnote
Code of Criminal Procedure, 1973 - s. 390 - Accused c persons assaulted one person, shot dead another and fled 'lway with booty of Rs.1.61 lakhs- Trial under s.396 IPC and ss.3 and 35 of the Arms Act- Acquittal by trial Court - High Court, on an application by State, commiting the accused- them through non- ,. D bailable warrants - Justification of - Held: Justified, as prima facie the evidence regarding identification made in Court and DNA test was not considered in the proper perspective by the trial Court - Under s.390, High Court has power to re-arrest the accused
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