Supreme Court · 2006 INSC 206 · Decided 5 April 2006
Nagarathinam and ORS. v. State REP. BY Inspector of Police
- Court
- Supreme Court of India
- Citation
- 2006 INSC 206 · [2006] 3 S.C.R. 833
- Case number
- CRIMINAL APPEAL No. 397/2005
- Decided
- 5 April 2006
- Bench
- S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 148, 324, 302, 307, 149, 34
Headnote
B Penal Code 1860-Sections 147, 148, 324, 302, 307, 149 and 34- Fight between two groups-Accused and prosecution witnesses sustained stab injuries--Two died in the fight-Plea of self defence raised by the accused-Trial Court convicted the accused for murder under section 302 C read with section with section 34 !PC after holding that they were liable to be convicted for their individual acts-Correctness of-Held, High Court committed a manifest error by invoking section 34 /PC after holding that they were liable for their individual acts-Prosecution has D failed to explain the injuries
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