Supreme Court · 2009 INSC 384 · Decided 23 March 2009
Abdulwahab Abdulmajid Baloch v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2009 INSC 384 · [2009] 4 S.C.R. 956
- Case number
- CRIMINAL APPEAL No. 1507/2007
- Decided
- 23 March 2009
- Bench
- S.B. SINHA, B. SUDERSHAN REDDY, MUKUNDAKAM SHARMA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; CrPC Section 294; Evidence Act Section 114; Arms Act Section 25, 27
Headnote
• J. Penal Code, 1860 - s.302 - Murder - Deceased was c fired at, on the head - Conviction of accused-appellant by trial court uls.302 /PC - Conviction upheld by High Court - Held: On facts, the prosecution case was weak - Investigation was carried out in a perfunctory manner - framed - Documents were a/so not properly brought on I- record - Prosecution did not examine one of the Ballistic ~ D Experts - There was no direct evidence - In any event, mere recovery of weapon and opinion of ballistic expert that the bullet found in body of deceased was fired from one of the
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