Supreme Court · 2005 INSC 541 · Decided 28 October 2005

Bishna@ Bhiswadeb Mahato and ORS. v. State of West Bengal

Court
Supreme Court of India
Citation
2005 INSC 541 · [2005] SUPP. 4 S.C.R. 892
Case number
CRIMINAL APPEAL No. 1430/2003
Decided
28 October 2005
Bench
S.B. SINHA, R.V. RAVEENDRAN (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 148, 109, 34, 325; Evidence Act Section 34, 145

Headnote

Penal Code, 1860-Seclions 3.:/, 109, 1.:/8, 302, 30.:/ Part-I, 324, 325 and 326-Murder and assault during altercation over property dispute- C Complainants retreating but chased by accused variously armed-Injury also caused to one accused based on which plea of selfdefence taken-Trial court 148 !PC, on grounds thal there was no explanation for tnjury on the accused, absence of evidence of overt act by one who was accused of exhorting others, and that responsibility for death of deceased and injuries to others D was not fixed on any particular accused-High Court finding

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