Supreme Court · 1968 INSC 76 · Decided 22 March 1968

Mohar Rai & Bharath Rai v. The State of Bihar

Court
Supreme Court of India
Citation
1968 INSC 76 · [1968] 3 S.C.R. 525
Case number
CRIMINAL APPEAL No. 159/1965
Decided
22 March 1968
Bench
R.S. BACHAWAT, K.S. HEGDE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 324, 109, 307; CrPC Section 162, 154, 107; Evidence Act Section 145; Arms Act

Headnote

Cri11linal Trial-Trial Court and High Court refusing to exan1int• ac­ cused's defence- 01i ground. their 1:ersion had already ~been rejected in anot!1er case filed on a complaint by accused-if permissible. Code of Crimirwl Procedure, 1898, ss, 145, 154, 157 & 168-docu- 111e11t document c.dniissible evidence. The first appellant was convicted under s. 324 JPC for shooting and injuring PW I, at the instigation of the second appellant, who was himself convicted of an offence under s. 324 read with s, 109 lPC. The existence of enmity between the appellants and most

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