Supreme Court · 1964 INSC 67 · Decided 11 March 1964

Manipur Administration v. Thokchom, Bira Singh

Court
Supreme Court of India
Citation
1964 INSC 67 · [1964] 7 S.C.R. 123
Case number
CRIMINAL APPEAL No. 6/1962
Decided
11 March 1964
Bench
P.B. GAJENDRAGADKAR, K.N. WANCHOO, K.C. DAS GUPTA, J.C. SHAH, N. RAJAGOPALA AYYANGAR (5-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 149, 188, 7; CrPC Section 144, 403

Headnote

Criminal Trial-Accused acquitted in previous trial-On same facts a subsequent !rial initiated-Subsequent court whether debarred from receiving the same evidence on the principle of issue-estoppe!-<.::ode of Criminal Procedure 1898, (Act 5 of 1898) s. 403. In the present case, the trial guilty ~1' the o'fences under ss. 333, 3123 and 440 all read with s. 149, Indian Penal Code. It was alleged by the prosecution that the respondent Bira Singh was a member of the unlaw&shy; ful assembly which was formed between 3 and 5 p.m. on 25th April 1960, in contravention of the

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