Supreme Court · 2006 INSC 1020 · Decided 15 December 2006
Acharaparambath Pradeepan and Anr v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2006 INSC 1020 · [2006] SUPP. 10 S.C.R. 1101
- Case number
- CRIMINAL APPEAL No. 1278/2005
- Decided
- 15 December 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149; Evidence Act
Headnote
B Indian Penal Code-Sections 302 and 149-Unlawful assembly with common object of committing murder-Deceased allegedly assaulted by several accused while teaching in a class in school-Only one accused identified by C all of main prosecution eye witnesses either at Test Identification parade or at given benefit of doubt and acquitted-Conviction and sentencing of the one accused-Held: His case stood on a different footing-He was first to enter carrying iron rod in his hand and gave first blow on back of deceased­ Even if prosecution case that six persons had committed crime was ignored,
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