Supreme Court · 2003 INSC 261 · Decided 28 April 2003
State of Rajasthan v. Nathu and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 261 · [2003] 3 S.C.R. 967
- Case number
- CRIMINAL APPEAL No. 432/1996
- Decided
- 28 April 2003
- Bench
- Y.K. SABHARWAL, H.K. SEMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 141, 148, 149, 302, 440, 451, 454
Headnote
Penal Code, 1860; Ss. 141, 148, 149, 302, 440, 451 and 454: Murder of two children-Trial of seven accused-Conviction of five of C them by the trial court u/s.302 /PC with the aid of Section 149-Acquittal of all except one by the High Court on ground that no avert act has been attributed to the assembly and armed with lethal weapons-All of them enter~d into the house of the victim by breaking the wall and one of the accused butchered the two children-High D Court proceeded on wrong assumptions of law that since fatal blow to the deceased was struck by one of the accused, no overt
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