Supreme Court of India
Thanga Prakash v. State of Karnataka
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What the Court ordered
In the result, A 1 to A7 are acquitted bf the offences punishable under Sections 148 IPC, Section 323 read with Section 149 IPC, Section 307 read with Section 149 IPC and Section 302 read with Section 149 IPC, with which B they are charged.
Judgment, page 3
From the 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 - s.304 (Part- II). ~ .( The trial court in one para of its judgment observed • that 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 that the
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