Supreme Court of India
Surendra Singh v. State of Rajasthan and Anr.
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What the Court ordered
In view of the above and for the reason stated above the present appeal succeeds.
Judgment, page 12
From the headnote
Penal Code, 1860 – s.149 – Applicability of – High Court set aside the respondent-accused’s conviction for the o ffence punishable u/s.302/149, IPC on the ground that the initial charge- sheet was filed only against two accused persons (one of th em being the respondent) and the remaining three persons were subse quently arrayed as the accused and are being tried separately t hus, s.149, IPC shall not be attracted – Held: When five person s were specifically named in the FIR and are facing the tr ial though separately, s.149 IPC would be attracted – Thus, on ce the respondent was found to be
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