Supreme Court of India

Kalika Tiwari and Ors. Etc. v. State of Bihar

Neutral citation
Bench M.M. Punchhi and K.T. Thomas JJ.
Decided 25 March 1997

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In the result, we set aside the conviction and sentence of A-7 Kalika Tiwary, A-12 Sri Ram Rai and A-13 Maloo Pal and they are acquitted.

Judgment, page 8

From the headnote

Penal Code, 1860 : Sections 396, 120- , 302 and 34-Dacoity with murder--Oiminal conspiracy-Even if one of the dacoits commits murder while committing dacoity all dacoits would be liable to be punished-Actual participation of each dacoit in the commission of murder not neces- sary--f'resence at the exact scene and contemplation of the commission as also knowledge of the commission not necessary-Proof of common intention under Sec. 34 or common object under Sec. 149 also not necessa1y-W11en accused persons convicted under Sec. 396, addition of charges under Secs. 302 and 34 not necessary.

Where later benches applied it

Of those, 1 mentioned

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