Supreme Court · 2008 INSC 512 · Decided 22 April 2008
Bathula Nagamalleswara Rao & ORS. v. State REP. BY Public Prosecutor
- Court
- Supreme Court of India
- Citation
- 2008 INSC 512 · [2008] 6 S.C.R. 829
- Case number
- CRIMINAL APPEAL No. 1097/2006
- Decided
- 22 April 2008
- Bench
- P.P. NAOLEKAR, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 148, 429, 149
Headnote
Penal Code, 1860: s. 302 r. w. s. 149 ands. 429- Conviction under, based on evidence of eye witnesses - High Court disbelieved testimony of PW-3 in regard to presence of A-4 to c A-9 at scene of occurrence and their participation in commission of crime and granted benefit of appellants (A-1, A-2, A-10 to A-12), however upheld relying upon same set of evidence of PW-3 - Challenged on the ground that PW-3 was interested witness and thus framed D appellants in false case - Held: Presence of PW-3 on scene J; of occurrence fully established by evidence of PW-1 and
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