Supreme Court · 1997 INSC 316 · Decided 25 March 1997
Kalika Tiwari and ORS. ETC. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1997 INSC 316 · [1997] 3 S.C.R. 335
- Case number
- CRIMINAL APPEAL No. 1171/1995
- Decided
- 25 March 1997
- Bench
- M.M. PUNCHHI, K.T. THOMAS (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 396, 120, 34, 149; Evidence Act
Headnote
B Penal Code, 1860 : Sections 396, 120-B, 302 and 34-Dacoity with murder--Oiminal conspiracy-Even if one of the dacoits commits murder while committing dacoity all dacoits would be liable to be punished-Actual participation of each dacoit in the commission of murder not neces- C sary--f'resence at of common intention under Sec. 34 or common object under Sec. 149 also not necessa1y-W11en accused persons convicted under Sec. 396, addition of charges under Secs. 302 and 34 not necessary. D Criminal Trial : Recove1y of stolen property-Neither the police officer who made the
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