Supreme Court · 2019 INSC 1127 · Decided 4 October 2019
Fainul Khan v. State of Jharkhand and Another
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1127 · [2019] 13 S.C.R. 924
- Case number
- CRIMINAL APPEAL No. 937/2011
- Decided
- 4 October 2019
- Bench
- NAVIN SINHA, BHUSHAN RAMKRISHNA GAVAI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149; CrPC Section 313
Headnote
Penal Code, 1860: ss.302/149 and ss.323/149 and s.147 - Conviction under - Plea of appellant that charge was framed under ss.302/149 and ss.323/149 against six persons but charge under s.147 was against four persons only and therefore was defective without aid of s.141 and there were six accused - Two of them have since been deceased - Appellants were well aware that six of them were charged together for a common assault under ss.302/149 and 323/149 because of their sharing a common object - Appellants were also aware that two of the
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