Supreme Court · 2004 INSC 524 · Decided 16 September 2004
Anil Kumar v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 524 · [2004] SUPP. 4 S.C.R. 449
- Case number
- CRIMINAL APPEAL No. 616/1999
- Decided
- 16 September 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 313; Evidence Act
Headnote
Penal Code, 1860-Section 302 and Section 302 r/w Seetion 34- Murder-Trial Court acquitted all the three accused disbelieving the Prosecution version-High Court reappreciated the evidence and convicted A B only the appellant accused as the other two accused died-On appeal C decision of High Court medical evidence D totally improbabilises oral evidence. Evidence Act, 1872-Injuries sustained by accused in the same occurrence in which offence has been committed-Prosecution's failure to prove-Held, will not affect the prosecution case. · E Accused-appellant along with two others
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