Supreme Court · 2017 INSC 91 · Decided 1 February 2017
Najabhai Desurbhai Wagh v. Valerabhai Deganbhai Vagh & ORS.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 91 · [2017] 2 S.C.R. 764
- Case number
- CRIMINAL APPEAL No. 2339/2010
- Decided
- 1 February 2017
- Bench
- S.A. BOBDE, L. NAGESWARA RAO (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 141, 302
Headnote
Penal Code, 1860: ss. 149 and 141 - Width and amplitude of - Unlawful ass~mbly .:_ When - Accused persons attacked the appell;nt­ complainani after A-1 was rebuked by appellant on damaging the electric pole near appellant :S house - Death of appellants brother - Trial accused uls. 302 r!w ss.149 and 324, s.325 r!w ss.149134 - High Court acquitted accused for offence u!s.302 rlw s.149 holding that the accused did not form an unll1l1ful assembly - On appeal, held: Armed with weapons like axe, iron pipes and spear, the accused proceeded to attack the appellant -
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