Supreme Court · 2013 INSC 477 · Decided 17 July 2013
Arshad Hussain v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2013 INSC 477 · [2013] 17 S.C.R. 955
- Case number
- CRIMINAL APPEAL No. 889/2009
- Decided
- 17 July 2013
- Bench
- P. SATHASIVAM, JASTI CHELAMESWAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
A B Penal Code, 1860 - s.302 - Murder - Alleged against 3 accused - Conviction of all the 3 by trial court - High Court confirmed the conviction of only1A-1 - Acquitted A2 and A3 C on the ground of alibi - Appeal by A-1 - Held: In view of tlie evidence and thi? reasoning of High Court as regards and the manner in which the incident took place - Therefore, entire prosecution story liable to be rejected - There are also other D infirmities in the prosecution case - Hence A-1 entitled to · benefit of doubt and acquitted. Appellant-accused (A-1) was prosecuted uls. 302 r/ w. s.34
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