Supreme Court · 2010 INSC 545 · Decided 27 August 2010
Prathap & ANR. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2010 INSC 545 · [2010] 10 S.C.R. 241
- Case number
- CRIMINAL APPEAL No. 1198/2005
- Decided
- 27 August 2010
- Bench
- B. SUDERSHAN REDDY, S.S. NIJJAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149; Constitution Article 136
Headnote
A B Penal Code, 1860 -:- ss. 302 and 149 -' Murder - Deceased and one more attacking accused persons and co- C accused - In retaliation, accused and co-accused armed with deadly weapons inflicting fatal injuries-to deceased - High Court upholding. conviction of accused u/s. 3021149 but setting - As regard co­ accused, High Court upholding acquittal of four co-accused D and also acquitting the other four co-accused convicted by trial court - On appeal, held: Facts and circumstances clearly prd.ve the existence of common object .of accused to eliminate the deceased - Accused had a
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