Supreme Court · 2008 INSC 1414 · Decided 11 December 2008

Arun v. State BY Inspector of Police, Tamil Nadu

Court
Supreme Court of India
Citation
2008 INSC 1414 · [2008] 17 S.C.R. 279
Case number
CRIMINAL APPEAL No. 1657/2007
Decided
11 December 2008
Bench
LOKESHWAR SINGH PANTA, B. SUDERSHAN REDDY (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302134, 457(1), 302, 398, 34; CrPC; Arms Act

Headnote

;,1 Penal Code, 1860 - ss. 302134 and 457(1) - Prosecution c under - Of appellant-accused (A5) alongwith seven co- accused - Allegation that A5 with A4 trespassing house of deceased armed with fire arms with intention to commit dacoity - In the process A-4 firing at the deceased - Trial Court convicting A-4 uls 302 and A-5 convicted uls 457(1) - Other co-accused acquitted of all the D charges - High Court convicting A-5 also u/s 302134 - On appeal, held: High Court should not have disturbed the order of acquittal of A-5 uls 302134 - It has not been proved beyond

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