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august 1997

Supreme Court of India · 1997-08-07

B. SUBBA RAO & ORS. vs PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESHAT HYDERABAD

Citation / case number
SC 1993/202567
Court
Supreme Court of India
Petitioner
B. SUBBA RAO & ORS.
Respondent
PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESHAT HYDERABAD
Author
S. SAGHIR AHMAD M. K. MUKHERJEE
Bench
S. SAGHIR AHMAD M. K. MUKHERJEE

Judgment text excerpt

The Supreme Court, in this case, addressed the appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and Section 379 of the Code of Criminal Procedure, 1973, challenging the Andhra Pradesh High Court's reversal of acquittal for the appellants under Sections 148 and 302/149 IPC. The Court held that the formation of an unlawful assembly with the intent to commit murder was established, and the conviction was upheld, emphasizing the need for accountability in politically motivated violence. The judgment reinforced the principle that participation in a common unlawful object leading to murder constitutes culpability under the IPC.

B. SUBBA RAO & ORS. vs PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESHAT HYDERABAD · Niyam