Supreme Court · 1970 INSC 63 · Decided 13 March 1970
Hethubha Alias Jithuba Madhuba & ORS. v. Thestate of Gujarat
- Court
- Supreme Court of India
- Citation
- 1970 INSC 63 · [1971] 1 S.C.R. 31
- Case number
- CRIMINAL APPEAL No. 100/1967
- Decided
- 13 March 1970
- Bench
- A.N. RAY, I.D. DUA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 302, 323; CrPC Section 429
Headnote
Code of Crilninal Procedure, 1898, s. 429-Di/jerence of opinion a111ong two Judges-If third Judge cGn deal with whole case. lndan Penal Code, 1860-S. 34-Scope of-Accused acting pu;·suant to pre-arranged plan to attack two persons-Killing one person h,v n1istake instead of the other-If with offences under ss. 302 and 323 read with s. 34 of the Penal Code and appellants 1 and 2 were charged with the individual offences under ss. 302 and 323 for intentionally caus­ ing the death of A, mistaking him for V and for causing simple hurt to V. The .Sessions Judge acquitted all
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