Supreme Court · 1958 INSC 61 · Decided 20 May 1958
Gallu Sah v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 1958 INSC 61 · [1959] 1 S.C.R. 861
- Case number
- CRIMINAL APPEAL No. 183/1957
- Decided
- 20 May 1958
- Bench
- SUDHI RANJAN DAS, NATWARLAL HARILAL BHAGWATI, T.L. VENKATARAMA AIYYAR, S.K. DAS (4-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 148, 323, 109, 436
Headnote
COURT REPORTS 861 GALLU SAR v. THE STATE OF BIHAR (S. R. DAS c. J., BHAGWATI, VENKATARAMA AIYAR and S. K. DAS JJ.) Criminal Trial-Arson-Principal offender acquitted-Abettor, conviction of-,-lndian Penal Code (XLV of z86o), ss. ID7, I@8, I09 and 436. The prosecution case was that a mob of 40-50 some persons, and the appellant ordered one Budi to set fire to the hut and Budi set fire to it with the result that it was burnt down. Twenw-two persons including the appellant and Budi, were sent up for trial. The Sessions Judge found that all of them formed an unlawful assembly with the
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