Supreme Court · 2019 INSC 263 · Decided 25 February 2019
Deep Narayan Chourasia v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2019 INSC 263 · [2019] 4 S.C.R. 521
- Case number
- CRIMINAL APPEAL No. 180/2019
- Decided
- 25 February 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149, 27; CrPC Section 354(3); Arms Act Section 27
Headnote
Penal Code, 1860: ss.302/149 - Five persons tried for murder - Trial court convicted one accused under s.302 IPC and under s.27 of Arms Act and other four co-accused under s.27 of Arms Act only - On appeal, High Court convicted four co-accused also under ss.302/149 along with the challenged the order of High Court - Held: High Court completely under misconception misdirected itself by forming an opinion as if all the five accused were convicted under ss.302/149 and convicted four co-accused also under s.302/149 along with the accused - High Court failed
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