Supreme Court · 2008 INSC 1351 · Decided 26 November 2008
Thanga Prakash v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1351 · [2008] 16 S.C.R. 693
- Case number
- CRIMINAL APPEAL No. 1874/2008
- Decided
- 26 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 323, 307, 302, 149; CrPC Section 374(2)
Headnote
)" Code of Criminal Procedure, 1973: s.374(2) - Appeal c from conviction - Disposed of, by High Court without considering the contradictory findings arrived at by trial court - Justification of- Held: Not justified - Matter remitted to High Court for disposal afresh - Penal Code, 1860 - The trial court in one para of its judgment observed • that A 1 and A4 to AS were entitled to be acquitted of "' -l offence under s.304 (Part II) IPC. However in the next ' para, the trialcourt held A1 guilty under s.304 (Part II) and convicted him though in yet another para, it held
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