Supreme Court · 1991 INSC 76 · Decided 14 March 1991

K. Nagamalleswara Rao and ORS. v. State of Andhra Pradesh

Court
Supreme Court of India
Citation
1991 INSC 76 · [1991] 1 S.C.R. 875
Case number
CRIMINAL APPEAL No. 680/1987
Decided
14 March 1991
Bench
A.M. AHMADI, V. RAMASWAMI, M. FATHIMA BEEVI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 34, 148, 149; CrPC Section 157

Headnote

,>- - Criminal Law: Indian Penal Code, 1860-Sections 302 and 34- Deceased attacked by several persons-No specific overt act attributed to the accused and instead bald statements that 15 persons caused , injuries to deceased made in the F.I.R.· and Dying Declaration which ---- was later under section 302 and section 302 read with section 34 J.P. C. cannot be sustained. Sections 302 and 149-When 15 persons were specifically charged of forming unlawful assembly and committing murder in prosecution of the common object of the assembly but 11 of them were acquitted, the

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