Supreme Court · 2008 INSC 971 · Decided 25 August 2008
Basudeo Yadav v. Surendra Yadav & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 971 · [2008] 12 S.C.R. 593
- Case number
- CRIMINAL APPEAL No. 687/2001
- Decided
- 25 August 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 364, 148; CrPC Section 378, 386
Headnote
A B Penal Code, 1860 - ss 364 rlw s.302, s. 302 rlw s.149 and s.201, s.148 - Conviction under - Accused armed with c weapons formed a group and forcibly dragged deceased towards river bank in night hours - Incident witnessed by witnesses - Next day dead body of deceased found - Conviction - Court - Sustainability of - Held: Not sustainable - High Court acted 0 on surmises and conjectures and disturbed the findings recorded by trial court- It did not record a finding that analysis of evidence and conclusions arrived at by trial court were erroneous, thus, was not justified in
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