Supreme Court of India
Raju @ Raj Kumar v. State of Rajasthan
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What the Court ordered
For the above reasons, we find that the appellant herein was B convicted under Section 148 IPC; that, he was not convicted under Section 302 IPC; that he was sentenced for three years with fine in addition, one month sentence in default of fine; and that Raju @ Raj Kumar (appellant herein) has served sentence for three years commencing from 9.3.2004 ending on 8.3.2007.
Judgment, page 10
From the headnote
Penal Code, 1860: S.148--Conviction under, on the basis of post mortem report and evidence of eye witness that appellant was carrying knife and stabbed deceased on the chest-Knife and clothe:; recovered had stains of human blood-Hence, no infirmity in order of conviction under s.148. Administration of Criminal Justice: Conviction under s.148 !PC-State did not appeal against order of trial Court for convicting appellant under s.302 in addition to his conviction under s.148-Hence, appellant cannot be convicted under s.302 in appeal preferred by him. Prosecution case was that PW-4 along with his
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