Supreme Court · 2004 INSC 361 · Decided 6 May 2004

N. Somashekar (Dead) BY LRS. v. State of Karnataka

Court
Supreme Court of India
Citation
2004 INSC 361 · [2004] SUPP. 2 S.C.R. 379
Case number
CRIMINAL APPEAL No. 1262/1997
Decided
6 May 2004
Bench
DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 341, 302, 201, 507, 506; CrPC Section 378, 386, 164

Headnote

Criminal Procedure Code, 1973-Sections 378 and 386-Appeal against acquittal-Inteiference by High Court-Scope of-Acquittal by Trial Court on conjectures and surmises-High Court ordering conviction- A B On appeal, Held: Though interference with acquittal order is limited, but C permissible where Court justified in interfering and ordering conviction. Sentencing-Death of accused-lmpleadment of LRs.-Effect on, D sentencing and fine-Sentence became unexecutable-Fine of Rs. 1 lac reduced to Rs. 50000. The case of the prosecution was that appellant-accused, a police official, went

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