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1981 Supreme(SC) 47
SUPREME COURT OF INDIA
BEFORE V.D. TULZAPURKAR AND O. CHINNAPPA REDDY, JJ.
PRABHU DAYAL AGARWAL AND OTHERS
Versus
MURARI LAL AGARWAL.
Criminal Appeal No. 67 of 1981
Decided on January 27, 1981
Headnote:
Indian Penal Code, 1860 - Section 34 - Acts done by several persons in furtherance of common intention – Unlawful assembly and rioting – Held, This is not a case where a charge against the appellants for unlawful assembly and rioting could be framed - Accordingly charge framed by the Magistrate is set aside and the matter is remanded to the Magistrate concerned to frame a proper charge.
JUDGMENT
Tulzapurkar, J.—Special leave granted.
2. After hearing counsel on either side we are satisfied that this is not a case where a charge against the appellants for unlawful assembly and rioting could be framed. If at all the appellants could be charged for the individual acts and if material warrants Section 34 might be invoked. Accordingly the charge framed by the Magistrate is set aside and the matter is remanded to the Magistrate concerned to frame a proper charge.
For Citation : (1982)3 SCC 367(1)
