Supreme Court · 2008 INSC 840 · Decided 17 July 2008
Asraf Ali v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2008 INSC 840 · [2008] 10 S.C.R. 1115
- Case number
- CRIMINAL APPEAL No. 174/2001
- Decided
- 17 July 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302; CrPC Section 313, 313(1)(b)
Headnote
Penal Code, 1860 - s. 304 (Part I) -Prosecution for mur- der - In the examination u/s 313 Cr.PC., circumstances re- lied upon by the prosecution not specifically brought to the c, notice of the accused - Conviction by trial court u/s 304 (Part I) - Conviction by High Court u/s 304 (Part II) - On to the notice of the accused, whereon reliance was placed to find him guilty, has rendered the examination u/s 313 Cr.PC. an D ). empty formality - Trial stands vitiated on this ground alone - Conviction set aside - Code of Criminal Procedure, 1973 - s. 313. Code of Criminal Procedure, 1973-
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