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february 2010

Supreme Court of India · 2010-02-04

Lakshman Bhagat & Ors vs State Of Bihar

Court
Supreme Court of India
Petitioner
Lakshman Bhagat & Ors
Respondent
State Of Bihar
Bench
Harjit Singh Bedi, A.K. Patnaik

Judgment text excerpt

The Supreme Court held that the appellants could not be convicted under Section 302 read with Section 149 IPC due to lack of direct or circumstantial evidence linking them to the murder of Ram Sagar. The Court found that the lower courts failed to consider the absence of a common object to kill Ram Sagar, leading to the acquittal of the appellants for that charge. However, the Court upheld their conviction under Section 323 read with Section 149 IPC, affirming the factual findings regarding their presence during the earlier incident involving PW-5, and imposed a sentence of one year, which they had already served.

Lakshman Bhagat & Ors vs State Of Bihar · Niyam