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january 1953

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.

KARNAIL SINGH AND ANOTHER vs THE STATE OF PUNJAB. · Niyam