Supreme Court · 2015 INSC 297 · Decided 16 April 2015
Bivash Chandra Debnath @ Bivash D & Others v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2015 INSC 297 · [2015] 3 S.C.R. 906
- Case number
- CRIMINAL APPEAL No. 157/2011
- Decided
- 16 April 2015
- Bench
- DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
C Penal Code, 1860: s.302 rlw s.149-Prosecution case was that fight took place resulting in death of one and injuries to others when appellants three in number along with 27 others started digging the land of the complainant party for constructing irrigation channel - Trial court D convicted other accused - High Court upheld the order of trial court - Conviction challenged on the ground that only three of the accused were found guilty uls.302 rlw s.149 and unless it is proved E that unlawful assembly was formed by five or more persons the appellants could not have been
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