Supreme Court · 2002 INSC 353 · Decided 27 August 2002
Bhima @ Bhimarao Sida Kamble and ORS. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2002 INSC 353 · [2002] SUPP. 1 S.C.R. 693
- Case number
- CRIMINAL APPEAL No. 418/1994
- Decided
- 27 August 2002
- Bench
- S. RAJENDRA BABU, P. VENKATARAMA REDDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 149, 302, 323, 325, 440, 34, 1471149
Headnote
B Penal Code, 1860; Sections 147, 149, 302, 323, 325 and 440: Unlawful assembly-Charges of murder and causing injury-Nature of offence committed-large number of accused gathered armed with sticks and C pelting stones, resulting in death of one and injury to another-Held, under the circumstances, unlawful assembly was to commit offences under Sections 323 and 325 read with Section 1471149 and not under Section 302 read with Section 149. 22 persons were charged for offence of formation of unlawful assembly with the common object of committing murder of the victim/ deceased, causing injury
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