Supreme Court · 2009 INSC 839 · Decided 26 May 2009
Sanichar Sahni v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 2009 INSC 839 · [2009] 10 S.C.R. 112
- Case number
- CRIMINAL APPEAL No. 772/2008
- Decided
- 26 May 2009
- Bench
- MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 394, 302134, 302, 34, 412; CrPC Section 211an, 313; Arms Act Section 27
Headnote
-> PENAL CODE, 1860: c s. 120-B - Punishment for criminal conspiracy- Charges u/s 120-B only framed against one accused - Other co- accused charged with s. 302134 but not uls 120-B - Accused and co-accused convicted and sentenced by courts below of D the respective charges - Plea by accused in the absence of charge against other co-accused uls 120-B, he alone could not have been convicted and sentenced u/s 120-B - HELD: Both the trial court and the High Court recorded concurrent findings of fact that the accused hatched the conspiracy and directed his brother and E father to
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