Supreme Court · 2010 INSC 29 · Decided 11 January 2010
Bengai Mandal @ Begai Mandal v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2010 INSC 29 · [2010] 1 S.C.R. 439
- Case number
- CRIMINAL APPEAL No. 1418/2004
- Decided
- 11 January 2010
- Bench
- V.S. SIRPURKAR, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34
Headnote
439 BENGAi MANDAL @ BEGAI MANDAL v. STATE OF BIHAR' (Criminal Appeal No. 1418 of 2004) JANUARY 11, 2010 [V.S. SIRPURKAR AND DR. MUKUNDAKAM · SHARMA, JJ.) Penal Code, 1860: A B c ss.304 Part II and 326 rlw s.34 and s.302 r/w s.34 - Appellant and co-accused allegedly entered into house of rlw s.34 - Challenge to - Held: In her dying declaration, deceased imputed acts of entry into her house and physical presence at the time of incident to appellant without anything more - In absence of any active role played by appellant or overt act being done by him, it cannot be said with
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