Supreme Court · 1953 INSC 3 · Decided 19 January 1953
Kalawati and Another v. The State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 1953 INSC 3 · [1953] 1 S.C.R. 546
- Case number
- CRIMINAL APPEAL No. 73/1952
- Decided
- 19 January 1953
- Bench
- M. PATANJALI SASTRI, BIJAN KUMAR MUKHERJEA, N. CHANDRASEKHARA AIYAR, VIVIAN BOSE, GHULAM HASAN (5-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 114, 302, 201; Constitution Article 132(1)
Headnote
546 SUPREME COURT REPORTS [1953] KALAWATI AND ANOTHER v. 'THE s·rATE OF HIMACHAL PRADESH. [PATANJALI SASTRI C.J., MUKHERJEA, CHANDRA­ SEKHARA AIYAR, VIVIAN BOSE and GHULAM HASAN JJ.] Iiidian Penal Gode (XLV of 1860), ss. 114, 201, 802-Gharges under ss. 302 and 114, and s. under s. 201, when State ha.< not apvealed-Gonstitution of India, 1950, Art. 184 (1) ( c) -Leave to appeal-Certificate of fitness-Death sentence passed by .Judicial Commissioner. The accused was charged under ss. 114 and 302, Penal Code, with abetment of murder. The Sessions Judge
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