Supreme Court · 2002 INSC 32 · Decided 17 January 2002
Pandurang Kalu Patil and ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2002 INSC 32 · [2002] 1 S.C.R. 338
- Case number
- CRIMINAL APPEAL No. 194/2000
- Decided
- 17 January 2002
- Bench
- K.T. THOMAS, S.N. PHUKAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 149, 34; Evidence Act Section 34, 149, 302, 307
Headnote
Criminal Law : Penal Code, 1860/Evidence Act, 1872-Sections 34, 149, 302, 307 & c 326/Section 27-Accused Al, A2 and A3 armed with guns and A4 and A6 with knives-Deceased was shot dead and his brother suffered gun-shot injuries- Discovery of gun on interrogation of A2-Conviction of A I, A2 and attempt to murder and of A4 and A6 for voluntarily D causing grievous hurt-Held, the discovery of the gun is a discovery of fact- On facts, conviction of Al upheld since Al had common intention with Al and A3 to murder the deceased and his brother-Acquittal of A4 and A6 since they did not
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