Supreme Court · 2009 INSC 134 · Decided 9 February 2009
Komal v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 134 · [2009] 1 S.C.R. 1142
- Case number
- CRIMINAL APPEAL No. 243/2009
- Decided
- 9 February 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 323, 34
Headnote
Penal Code, 1860: c s. 304 (Part I) rlw s.34 -Accused alongwith co-accused charged for murder and for causing injuries to others - Conviction of accused u/s 323 by trial court - High Court altering the conviction to one u/s. 304 (Part I) rlw s. 34 finding D that he assaulted the deceased - On - it was nobody's case that the accused assaulted the deceased - Courts below having held that the accused was not a member of unlawful assembly and there was no common object, could not have been convicted E u/s. 304 (Part I) rlw s. 34 - Conviction by trial court restored. s. 34 - Common
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