Supreme Court of India

Mala Singh & Ors. v. State of Haryana

Neutral citation

Bench Abhay Manohar Sapre and R. Subhash Reddy JJ.

Decided 12 February 2019

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

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 – Conviction under – Trial Court convicted 11 accused persons u/ss. 148, 302/ 149, 323/149 and 506/149 IPC – However, High Court acquitted 8 accused persons u/s. 302/149 IPC and upheld the conviction in respect of 3 accused persons u/ss.302/34 IPC – The 3 accused persons filed appeal in Supreme Court – During the pendency of appeal, one appellant No.1-accused expired – Held: Once 8 co- accused were acquitted by the High Court u/s. 302/149 IPC and their acquittal had attained finality, the charge u/s. 149 IPC collapsed against the three…

Authorities it was built on

1955 Willie (william) Slaney v. The State of Madhya Pradesh. cited by 68
1991 Nethala Pothuraju and Ors.· v. State of Andhra Pradesh cited by 6
1994 Karnail Singh v. The State of Punjab and Anr. cited by 6
1969 Kantilal Chandulal Mehta v. State of Maharashtra and Anr. cited by 5
2012 Dr. Mohammad Khalil Chisti v. State of Rajasthan cited by 4
2003 Chittarmal v. State of Rajasthan cited by 4

Where later benches applied it

2023 Chandra Pratap Singh v. State of M.p referred to

Of those, 1 referred to

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