Supreme Court of India · 2004-01-23
Shri Gopal & Anr vs Subhash & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 4900
- Court
- Supreme Court of India
- Petitioner
- Shri Gopal & Anr
- Respondent
- Subhash & Ors
- Author
- S.B. Sinha
- Bench
- Doraiswamy Raju, S.B. Sinha
Judgment text excerpt
The Supreme Court upheld the Rajasthan High Court's acquittal of the respondents under Sections 148 and 302 read with Section 149 IPC, emphasizing that the prosecution's allegations were omnibus and lacked specificity. The Court reiterated that for a conviction under Section 149 IPC, there must be clear evidence of a common intention among the accused, which was not established in this case. The appeal was dismissed, affirming the High Court's findings and the conversion of charges against Shankerlal and Maniram to Section 302/34 IPC.