Supreme Court · 1976 INSC 27 · Decided 13 February 1976
State of Uttar Pradesh v. Ram Kishan & Others
- Court
- Supreme Court of India
- Citation
- 1976 INSC 27 · [1976] 3 S.C.R. 379
- Case number
- CRIMINAL APPEAL No. 253/1971
- Decided
- 13 February 1976
- Bench
- P.N. BHAGWATI, P.K. GOSWAMI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149, 307, 147; CrPC Section 374, 428; Constitution Article 136
Headnote
Appeal by State against acquittal-I11terference with the de~isio_n of the High Court by the Supreme Court under Art. 136 of the Constltullon-lf the High Court reads the prosecution evidence by introducing an extraneous gloss for the purpose of its conclusion, resulting in failure of justice. this conviction to section 326/34 in appeal when the original charge and conviction were under s. 302/149 is not a "nwterial preiudicl'"-Criminal Procedure Code (Act V of 1898- Sections 222, 223 and 225) The accused and the deceased are close relatives. as. per the following pedigree:- Ram
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