Supreme Court · 2006 INSC 898 · Decided 24 November 2006
Baso Prasad and ORS. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2006 INSC 898 · [2006] SUPP. 9 S.C.R. 431
- Case number
- CRIMINAL APPEAL No. 1169/2005
- Decided
- 24 November 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; Arms Act Section 27
Headnote
B Penal Code, I 860-Section 302 read with Section 34-Prosecution for-Murder of one person-By single gun shot injury-5 accused-All the eye-witnesses stating one accused responsible for the injury caused to the C deceased-Firing by other accused not proved-Courts below convicting all the accused evidence-On appeal, held-Charge of murder of deceased proved-Accused responsible for causing death of deceased held guilty-Other accused did not share common intention­ Hence acquitted extending benefit of doubt-Medical evidence was not D inconsistent with ocular evidence-Arms Act,
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