Supreme Court · 2009 INSC 869 · Decided 7 July 2009

Ganesh Gogoi v. State of Assam

Court
Supreme Court of India
Citation
2009 INSC 869 · [2009] 9 S.C.R. 1209
Case number
CRIMINAL APPEAL No. 1018/2007
Decided
7 July 2009
Bench
DALVEER BHANDARI, A.K. GANGULY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 3(2)(i), 3(5); CrPC Section 313

Headnote

- Terrorist and Disruptive Activities (Prevention) Act, 1987: ss.3(2)(i), 3(1), 3(5)- Charges framed under s.3(5) and s.302 c /PC - Examination under s.313 CrPC - Conviction under ( s.3(2)(i) -:-- On appeal, Held: No evidence to connect the _.... appellant with the alleged incident of killing of activity missing - Appellant was convicted under s.3(2)(i) but ingredients of said Section not D put to him under s.313 Cr.P.C. - There was thus not a fair examination under s.313 - Moreover, charge was framed under s.3(5) which was not brought on the statute on the date of occuffence - The

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