Supreme Court · 2004 INSC 502 · Decided 8 September 2004
State of Rajasthan v. Ikbal Hussen
- Court
- Supreme Court of India
- Citation
- 2004 INSC 502 · [2004] SUPP. 4 S.C.R. 189
- Case number
- CRIMINAL APPEAL No. 1167/2003
- Decided
- 8 September 2004
- Bench
- ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 279, 337, 338, 304(A); CrPC Section 309; Constitution Article 21
Headnote
Criminal trial-Pending for six years-Trial Court closing evidence and acquitting accused in view of decision in Raj Deo Sharma v. State of Bihar, [1998) 7 SCC 507-High Court upholding same-On appeal, Held: Decision in Constitution Bench in A.R. AntulaY.'s case [1992) 1 SCC 225 continues to hold Raj Deo Sharma (1) and Raj Deo Sharma (Il) cannot be sustained as they were rendered by bench of two or three Judges and run counter to the view expressed in A. R. Antulay's case. A B c Code of Criminal Procedure, 1973-Section 309-Trial pending for D long period-Trial Court directed to take up
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