Supreme Court · 2023 INSC 354 · Decided 11 April 2023
Surendra Singh v. State of Rajasthan and ANR.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 354 · [2023] 3 S.C.R. 354
- Case number
- CRIMINAL APPEAL No. 1059/2023
- Decided
- 11 April 2023
- Bench
- M.R. SHAH, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 302, 147, 323; CrPC Section 319
Headnote
Penal Code, 1860 - s.149 - Applicability of - High Court set aside the respondent-accused's conviction for the offence punishable u/s.302/149, IPC on the ground that the initial charge- sheet was filed only against two accused persons (one of and the remaining three persons were subsequently arrayed as the accused and are being tried separately thus, s.149, IPC shall not be attracted - Held: When five persons were specifically named in the FIR and are facing the trial though separately, s.149 IPC would be attracted -
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