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march 1991

Supreme Court of India · 1991-03-14

K.NAGAMALLESHWARA RAO AND ORS. vs STATE OF ANDHRA PRADESH

Citation / case number
SC 1987/71090
Court
Supreme Court of India
Petitioner
K.NAGAMALLESHWARA RAO AND ORS.
Respondent
STATE OF ANDHRA PRADESH
Bench
RAMASWAMI, V. (J) II

Judgment text excerpt

The Supreme Court held that the conviction of the four appellants under Section 302 IPC read with Section 149 IPC could not be sustained as the prosecution failed to prove the involvement of other accused who were acquitted. The Court emphasized that Section 149 IPC cannot be invoked without a specific finding of involvement of all members of the unlawful assembly. Consequently, the Court allowed the appeal against their conviction under Section 302 IPC while confirming their convictions under other charges.

K.NAGAMALLESHWARA RAO AND ORS. vs STATE OF ANDHRA PRADESH · Niyam