Supreme Court of India
Mahadeva Sharma & Others v. State of Bihar
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3 Supreme Court benches have cited this judgment.
From the headnote
Criminal Lan·- /ternative chGJ·ges under s. 302 read with s. 34 and 8. 302 read with 149 of the Indian Penal Code-No charge under 8. 147 ors. 148--Conviction under s. 302 read with s. 149-Legallty. The appellants were charged alternatively under s. 302 read with s. 149 and s. 302 read with s. 34 of the Indian Penal Code, 1860. They were convicted under s. 302 read with s. 149. On the question whether the conviction was legal, when they were not charged and convicted under s. 147 ors. 148. HELD : It \Va.Y not obligatory to charge th·e accused under s. 147 or s. 148 before s. 149 could be
Where later benches applied it
- 2021 Lakshman Singh v. State of Bihar (now Jharkhand)
- 2009 Md. Ankoos & Ors. v. The Public Prosecutor, H!gh Court of A.P.
- 2019 Dev Karan @ Lambu v. State of Haryana
Of those, 2 relied on · 1 referred to
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