Supreme Court · 2011 INSC 546 · Decided 4 August 2011
Rafiq Ahmed @ Rafi v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 546 · [2011] 11 S.C.R. 907
- Case number
- CRIMINAL APPEAL No. 656/2005
- Decided
- 4 August 2011
- Bench
- B.S. CHAUHAN, SWATANTER KUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 313
Headnote
Penal Code, 1860: A B ss. 302, 396 - A/legation of dacoity and murder - Charge c sheet filed ulss.396, 201 - Conviction u/ss.302 and 201 - Plea of appellant that he was charged for offence u/s. 396 but without reformulation/alteration of the charge, he was convicted for offence u/s.302 and this and caused him serious prejudice; that 0 s.302 is a graver offence than an offence punishable u/s.396 and as such the entire trial and conviction of the appellant was vitiated in law; that there were serious contradictions between the statements of the witnesses and the courts below failed to
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