Supreme Court of India · 1953-01-09
KARNAIL SINGH AND ANOTHER vs THE STATE OF PUNJAB.
- Citation / case number
- SC 1953/1488
- Court
- Supreme Court of India
- Petitioner
- KARNAIL SINGH AND ANOTHER
- Respondent
- THE STATE OF PUNJAB.
- Bench
- AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the conviction of the appellants under Section 302 IPC, read with Section 34, was valid despite the initial charge being under Section 302 read with Section 149. The Court established that while there is a substantial difference between Sections 34 and 149, they can overlap depending on the facts of the case. The judgment clarified that if the evidence required for both charges is the same, the substitution of Section 34 for Section 149 does not result in prejudice to the accused, thus affirming the conviction and death sentence.