Supreme Court · 2006 INSC 104 · Decided 24 February 2006
Munna Chanda v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2006 INSC 104 · [2006] 2 S.C.R. 467
- Case number
- CRIMINAL APPEAL No. 49/2005
- Decided
- 24 February 2006
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149
Headnote
B ~ Penal Code, 1860-Section 302 read with 149-Altercation between two groups-Homicidal death of one person-Conviction under section 3021 149-Justification of-Held: There was no evidence to show that accused had c common object of intentional killing of the deceased and role, played by accused - I of unlawfal assembly-Thus, neither section 34 nor section 149 /PC attracted-Hence, cannot be convicted under section 3021149 !PC and are entitled to benefit of doubt. D There was an altercation between two groups of persons. Homicidal ____, death of M belonging to one of the group was
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