Supreme Court · 1997 INSC 712 · Decided 27 October 1997
Bhola Bhagat ETC. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1997 INSC 712 · [1997] SUPP. 4 S.C.R. 711
- Case number
- CRIMINAL APPEAL No. 1826/1996
- Decided
- 27 October 1997
- Bench
- A.S. ANAND, K. VENKATASWAMI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 30211481149, 302, 149, 148; CrPC Section 313; Juvenile Justice Act
Headnote
B Penal Code, 1860 : Sections 30211481149-Murder-Prosecution­ Conviction and sentence by Trial Court-Maintained by High Court~On appeal, held, involvement of the appellants in the commission of crime has C been established beyond reasonable doubt-Appreciation of evidence by both the Courts is on the date of occurrence-Not considered by Courts-No enquiry held to ascertain the age-Conviction and sentence awarded-Held, it is obligatory D on the courts to hold an enquiry for determining the agf of the accused when a plea is raised-Technicalities should not be allowed to defeat the
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