Supreme Court · 2010 INSC 43 · Decided 14 January 2010

Chandrawati v. Ramji Tiwari & ANR. ETC.

Court
Supreme Court of India
Citation
2010 INSC 43 · [2010] 9 S.C.R. 897
Case number
CRIMINAL APPEAL No. 1098/2003
Decided
14 January 2010
Bench
H.S. BEDI, J.M. PANCHAL (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 149, 307, 147, 148

Headnote

PENAL CODE, 1860: A B ss. 302 and 302 rlw 109 - Multiple murders - Accused C who fired at victims, convicted by trial court uls 302 and sentenced to death - Other four convicted u/s 3021109 and sentenced to life imprisonment - High Court declining death reference and also acquitting the others - - HELD: On facts, there was no charge for o the offence u/s 109 - It must, therefore, be held that as two of the accused had claimed the right of private defence and had also produced defence evidence in accordance with the plea, non-framing of a Charge uls 109 against the four acquitted

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