Supreme Court · 2012 INSC 451 · Decided 5 October 2012
Baliya@ Bal Kishan v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 451 · [2012] 8 S.C.R. 1154
- Case number
- CRIMINAL APPEAL No. 2001/2008
- Decided
- 5 October 2012
- Bench
- P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120A
Headnote
PENAL CODE, 1860: c ss. 302 and 120-8 - Murder - Circumstantial evidence - Held: In the absence of credible ocular evidence, the prosecution in order to succeed has to establish circumstance'S adverse to the accused from which an inference to guilt can reasonably follow - In the instant case, 0 hostile and the evidence of the other has not been found credible - Prosecution has not been able to prove the ingredients of 'criminal conspiracy' -Further, there is serious discrepancy in the statements of prosecution witnesses about the deceased last seen in the company of accused -
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