Supreme Court of India

Kalika Tiwari and Ors. Etc. v. State of Bihar

Neutral citation
Reported as [1997] 3 S.C.R. 335
Bench M.M. Punchhi and K.T. Thomas JJ.
Decided 25 March 1997

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In the result, we set aside the conviction and sentence of A-7 Kalika Tiwary, A-12 Sri Ram Rai and A-13 Maloo Pal and they are acquitted.

Judgment, page 8

From the headnote

Penal Code, 1860 : Sections 396, 120- , 302 and 34-Dacoity with murder--Oiminal conspiracy-Even if one of the dacoits commits murder while committing dacoity all dacoits would be liable to be punished-Actual participation of each dacoit in the commission of murder not neces- sary--f'resence at the exact scene and contemplation of the commission as also knowledge of the commission not necessary-Proof of common intention under Sec. 34 or common object under Sec. 149 also not necessa1y-W11en accused persons convicted under Sec. 396, addition of charges under Secs. 302 and 34 not necessary.

Where later benches applied it

Of those, 1 mentioned

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