Supreme Court · 2007 INSC 390 · Decided 9 April 2007
MOHD. Shafi v. MOHD. Rafiq & ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 390 · [2007] 4 S.C.R. 1023
- Case number
- CRIMINAL APPEAL No. 530/2007
- Decided
- 9 April 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 307, 324, 302; CrPC Section 319, 482, 161
Headnote
B Code of Criminal Procedure, 1973: s.319-Person not arrayed as accused-Power to summon-Duty of Court-Held: ls to arrive at satisfaction that there exists a possibility that C the accused so summoned is in all likelihood would be convicted-Such satisfaction cafl be arrived at upon completion of u/ss. 307/324 IPC. The injured died and the case was converted to one u/s. 302 IPC. The police submitted charge sheet against one 'K' and not against appellant. Before the trial judge, respondent No. 1 was examined as PW-1. In his examination-in-Chief, he alleged that the incident had taken
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