Supreme Court · 2002 INSC 217 · Decided 23 April 2002
State of Orissa v. Dibakar Naik and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 217 · [2002] 3 S.C.R. 307
- Case number
- CRIMINAL APPEAL No. 534/1994
- Decided
- 23 April 2002
- Bench
- R.P. SETHI, DORAISWAMY RAJU (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 376, 34; Constitution Article 136
Headnote
B t Penal Code, 1860--Sections 302, 304, 376 rlw 34 and Sections 323, 341, 342, 347, 448 and 506-0ffences-A//egation- Trial Court convicted 8 accused ulss.302 and 376 rlw 34 and for other minor offences-Other accused C convicted for minor offences-Acquittal of the 8 accused by High Court-On in FIR with allegation of murder and rape-­ Overt act attributed only to 4 of them-Held, the 4 accused rightly convicted u/s 376 r/w 34-Conviction u/s 302 rlw 34 not justified since the nature of injuries indicated that they had not intended to cause her death-Jn view of D the manner of
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