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april 1994

Supreme Court of India · 1994-04-05

STATE OF A.P. vs LANKAPALLI VENKATESWARLU

Citation / case number
SC 1995/19570
Court
Supreme Court of India
Petitioner
STATE OF A.P.
Respondent
LANKAPALLI VENKATESWARLU
Author
R.M. SAHAI
Bench
R.M. SAHAI

Judgment text excerpt

The Supreme Court held that the appellants could not be tried again for the offence of bigamy under Section 494 IPC, as per Section 300(1) of the Criminal Procedure Code, which bars a second trial for the same offence. The Court found that the High Court erred in concluding that the facts were different, as the essence of the offence remained unchanged. Consequently, the appeal was allowed, and the orders of the High Court and the Magistrate were set aside, discharging the appellants from the second complaint.

STATE OF A.P. vs LANKAPALLI VENKATESWARLU · Niyam