Supreme Court · 1966 INSC 54 · Decided 24 February 1966
Lakhan Mahto & ORS. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1966 INSC 54 · [1966] 3 S.C.R. 643
- Case number
- CRIMINAL APPEAL No. 214/1963
- Decided
- 24 February 1966
- Bench
- K. SUBBA RAO, V. RAMASWAMI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149, 326, 148, 147, 109; CrPC Section 423(1)(b), 439; Arms Act Section 19(f)
Headnote
Code of Criminal Procedure (Act 5 oJ 1898), s. 423-Appial azainst conviction, no appeal again.rt acquittal-Power of Ap~llate Court. Indian Penal Code, 1860 (Act 45 of 1860), s. 149-Substantive offence, if. The trial court acquitted L, one of the appellantls of the charge under s. 302 I.P.C. but 302/ 149 I.P.C. 'The State Government did not prefer an appeal to the High Court against the acquittal of L under s. 302 but on appeal preferred by L against his conviction, the High Court altered the conviction from s. 302/ 149 to a minor offence under s. 326 and main­ tained the sentence of
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