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january 1953

Supreme Court of India · 1953-01-19

KALAWATI AND ANOTHER vs THE STATE OF HIMACHAL PRADESH.

Citation / case number
SC 1952/85
Court
Supreme Court of India
Petitioner
KALAWATI AND ANOTHER
Respondent
THE STATE OF HIMACHAL PRADESH.
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,AIYAR, N. CHANDRASEKHARA,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court addressed the appeal concerning the conviction of the accused under Sections 114 and 302 of the Indian Penal Code (IPC) for abetment of murder, and the acquittal under Section 201 for suppression of evidence. The Court held that it could restore the conviction under Section 201 despite the State not appealing, as the acquittal was closely linked to the convictions under Sections 114 and 302. The Court also clarified that the absence of a two-judge bench in the Judicial Commissioner's Court does not justify granting a certificate for appeal under Article 134(1)(c) of the Constitution.

KALAWATI AND ANOTHER vs THE STATE OF HIMACHAL PRADESH. · Niyam