Supreme Court of India · 1972-01-31
BHAGAT RAM vs STATE OF RAJASTHAN
- Citation / case number
- SC 1969/60318
- Court
- Supreme Court of India
- Petitioner
- BHAGAT RAM
- Respondent
- STATE OF RAJASTHAN
- Bench
- KHANNA, HANS RAJ
Judgment text excerpt
The Supreme Court addressed the jurisdiction of a third judge in a criminal appeal concerning offenses under Sections 120B, 161, 218, 347, and 389 IPC, and Section 5(1)(a) of the Prevention of Corruption Act. The Court held that the third judge could only consider the specific issues on which the two judges differed, namely the offenses under Section 161 IPC and Section 5(1)(a) of the Prevention of Corruption Act. It ruled that the acquittal of the second accused precluded the conviction of the Inspector for conspiracy and related charges, emphasizing the principle of res judicata in criminal proceedings, thereby upholding the acquittal of the Inspector for those offenses.