Supreme Court · 2009 INSC 709 · Decided 6 May 2009
Mohammed Ishaq v. S. Kazam Pasha & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 709 · [2009] 7 S.C.R. 1098
- Case number
- CRIMINAL APPEAL No. 937/2009
- Decided
- 6 May 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 452, 392, 147, 451; CrPC Section 94; Constitution Article 32
Headnote
Penal Code, 1860: ss. 148, 452, 392 - Accused persons allegedly broke open the doors of house of the appellant and ,. removed household articles and beat resident of the house - ~ c Trial Court convicted A-1 under ss. 148, 452, 392 and acquitted others - High Court set aside conviction order ss. 147 and 451- On appeal, held: Testimonies of prosecution witnesses established that appellant was in possession of the said house on the date of D offence and all his belongings were forcibly taken away in the lorry at the instance of A-1 - Mob of 60-70 person with a common object of using
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