Supreme Court · 2008 INSC 178 · Decided 12 February 2008
Badshah and ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 178 · [2008] 2 S.C.R. 766
- Case number
- CRIMINAL APPEAL No. 554/2005
- Decided
- 12 February 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 364, 302; Evidence Act Section 118
Headnote
Penal Code, 1860: · s. 364 - Abduction in order to murder -Accused heavily armed took away the victim stating tha-tthey c would kill him - Thereafter victim not seen alive by any person - Held: Case under s.364 is made out - In terms of s. 118 of Evidence Act, _he is presumed to be dead but could not be made. ,.. The prosecution case was that one 'S' was sleeping D alongwith PW-3 and .others in the field when appellant and anothEtf accused reached there with guns and caught hold of 'S' and bodily lifted him. When the other persons present there resisted to such an act, they
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