Supreme Court · 1965 INSC 116 · Decided 21 April 1965
Mahadeva Sharma & Others v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1965 INSC 116 · [1966] 1 S.C.R. 18
- Case number
- CRIMINAL APPEAL No. 209/1962
- Decided
- 21 April 1965
- Bench
- A.K. SARKAR, K. SUBBA RAO, M. HIDAYATULLAH, J.R. MUDHOLKAR (4-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 302, 149, 148
Headnote
Criminal Lan·-A/ternative chGJ·ges under s. 302 read with s. 34 and 8. 302 read with 149 of the Indian Penal Code-No charge under 8. 147 ors. 148--Conviction under s. 302 read with s. 149-Legallty. The appellants were charged alternatively under s. 302 read with s. 149 and s. 302 read with s. 149. On the question whether the conviction was legal, when they were not charged and convicted under s. 147 ors. 148. HELD : It \Va.Y not obligatory to charge th·e accused under s. 147 or s. 148 before s. 149 could be utilized against them. [22D; 23] For the application of s.
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