Supreme Court · 2003 INSC 598 · Decided 4 November 2003
Banti @ Guddu v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2003 INSC 598 · [2003] SUPP. 5 S.C.R. 119
- Case number
- CRIMINAL APPEAL No. 713/2003
- Decided
- 4 November 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 302; CrPC Section 226, 23, 231
Headnote
B Penal Code, 1860-Section J02-Murder-Prosecution for-Incident seen by eye-witnesses-One of the eye-witnesses resiled from original statement and examined as defence witness-False implication pleaded-Conviction by C Trial Court and High Court-On appeal, held: Conviction justified-Guilt of the case-Held: It D is not rule of universal application that in case of such delay, prosecution case becomes suspect. Non-examination of certain persons as prosecution witnesses-Affect of on prosecution case-Held: Non-examination not fatal-Public prosecutor has liberty to pick and choose.
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