Supreme Court · 2001 INSC 43 · Decided 24 January 2001
Shamnshaeb M. Multtani v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2001 INSC 43 · [2001] 1 S.C.R. 514
- Case number
- CRIMINAL APPEAL No. 907/1998
- Decided
- 24 January 2001
- Bench
- K.T. THOMAS, R.P. SETHI, B.N. AGRAWAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304; CrPC Section 221, 222
Headnote
Penal Code, 1860: Section 302 and 304-8-Accused, along with his brother and father, C charged under Section 302 for murdering his wife-Trial court acquitted the accused as all the witnesses turned hostile-However, High court convicted the accused under Section 304-8 although no charge was framed 304-B without the said offence being specifically put in the charge- D Hence, conviction under Section 304-8 set aside-Case remanded to trial court for disposal afresh after giving opportunity to the accused. Code C!f Criminal Procedure, 1973: Section 22 I-Conviction of qccused-For offence
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