Supreme Court of India
Dr. Mohammad Khalil Chisti v. State of Rajasthan
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that there is· no scope for invoking the applicability of Section 34 IPC against him.
Judgment, page 31
From the headnote
Penal Code, 1860 - s. 324 - Death of one and injuries to persons on complainant as well as accused side - Cross FIRs - Accused convicted ulss. 302 and 324 rlw. s. 34 /PC by courts below - Appeal by three accused - Held: Evidence suggests that accused were also victims of armed aggression at the hands of the deceased and complainant party - Non explanation of the injuries on the accused shows that prosecution suppressed the real genesis of the occurrence - The two sets of evidence led by the prosecution being discrepant with each other, the accused would have the benefit of such discrepancy
Authorities it was built on
Where later benches applied it
- 2015 Pathubha Govindji Rathod & Anr. v. State of Gujarat
- 2019 Mala Singh & Ors. v. State of Haryana
- 2019 Pramod Kumar & Anr. v. Zalak Singh & Ors.
- 2014 Inbasegaram and Another v. S. Natarajan (dead) Thr. Lrs.
Of those, 1 relied on · 1 referred to · 2 mentioned
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