Supreme Court of India
Nitya Nand v. State of U.P. & Anr.
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From the headnote
Issue for Consideration Whether the prosecution could prove the charges against the appellant under Sections 148 and 302/149 IPC beyond reasonable doubt. Whether the appellant was a part of the unlawful assembly and if he actually took part in the crime or not. Headnotes† Penal Code, 1860 – ss.149, 148 – Appellant alongwith others was convicted for the murder of his Uncle – Whether the appellant was a part of the unlawful assembly – Plea of the appellant that both the courts below erred in convicting him as the allegation against him was that he was carrying a country- made pistol, however,
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