Supreme Court · 2016 INSC 438 · Decided 3 June 2016
Bhagwan Sahai and ANR. v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2016 INSC 438 · [2016] 3 S.C.R. 533
- Case number
- CRIMINAL APPEAL No. 416/2016
- Decided
- 3 June 2016
- Bench
- DIPAK MISRA, SHIVA KIRTI SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 308134, 323, 324, 307, 34, 308, 326
Headnote
533 BHAGWAN SAHAI AND ANR. v. STATE OF RAJASTHAN (Criminal Appeal No. 416of2016) JUNE03,2016 [DIPAK MISRA AND SHIVA KIRTI SINGH, JJ.) Penal Code, 1860: ss. 308134, 323, 324 - Previous enmity - Prosecution case is that two brothers (appellants) alongwith female family members formed an unlai-1ful finding that there was a free fight between both the parties and therefore convicted the accused for their individual liability - High Court held that since both the parties had withheld the origin and genesis of the occurrence and since it cannot be determined as to which party was the aggressor,
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