Supreme Court of India
Mala Singh & Ors. v. State of Haryana
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What the Court ordered
We are of the considered view that the two appellants are entitled to claim the benefit of entire scenario and seek alteration of their conviction for commission of the offence punishable under Section 324 IPC simplicitor rather than to suffer conviction under Section 302/34 IPC, if not complete acquittal alike other eight co-accused.
Judgment, page 20
From the headnote
Penal Code, 1860 – s. 302/149 or s. 302/34 – Convic tion under – Trial Court convicted 11 accused persons u/s s. 148, 302/ 149, 323/149 and 506/149 IPC – However, High Court acquitted 8 accused persons u/s. 302/149 IPC and upheld the con viction in respect of 3 accused persons u/ss.302/34 IPC – The 3 accused persons filed appeal in Supreme Court – During the pe ndency of appeal, one appellant No.1-accused expired – Held: Once 8 co- accused were acquitted by the High Court u/s. 302/14 9 IPC and their acquittal had attained finality, the charge u /s. 149 IPC collapsed against the three
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