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august 1963

Supreme Court of India · 1963-08-29

KHARKAN AND OTHERS vs THE STATE OF U.P.

Citation / case number
SC 1961/192
Court
Supreme Court of India
Petitioner
KHARKAN AND OTHERS
Respondent
THE STATE OF U.P.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that the prior acquittal of the appellants in the case concerning the assault on 'P' did not bar their conviction for the assault on 'T' under Section 403 of the Code of Criminal Procedure, 1898. The Court established that the charges were distinct and independent, and thus the principles of autrefois acquit under Sections 236 and 237 were not applicable. The Court affirmed the convictions and sentences imposed by the High Court, emphasizing that the assaults were separate incidents with different common objects.

KHARKAN AND OTHERS vs THE STATE OF U.P. · Niyam