Supreme Court · 2008 INSC 1181 · Decided 20 October 2008

Asraf SK and ANR. v. State of West Bengal

Court
Supreme Court of India
Citation
2008 INSC 1181 · [2008] 14 S.C.R. 750
Case number
CRIMINAL APPEAL No. 720/2004
Decided
20 October 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 34

Headnote

--i...,. Penal Code, 1860 - s. 302 rlw s. 34 - Conviction under, c by Courts below-Based on circumstantial evidence - Justifi- cation of - On facts, held: Not justified - Evidence of deceased's daughters, on which strong reliance was placed by Courts below, full of contradictions - Circumstances of the accused. D According to the prosecution, the two Appellants alongwith another person murdered the father of PWs 1 and 2 by throttling and torturing him. Earlier the Appel- lants had allegedly kidnapped the daughter of PW2 and r had also threatened to kill the entire family of the

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