Supreme Court · 2008 INSC 49 · Decided 11 January 2008
Benjamin v. State REP. BY Inspector of Police
- Court
- Supreme Court of India
- Citation
- 2008 INSC 49 · [2008] 1 S.C.R. 656
- Case number
- CRIMINAL APPEAL No. 76/2006
- Decided
- 11 January 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
~ I ' Penal Code, 1860 - s. 302 - Murder- By three accused- Multiple and severe injuries on the deceased - Enmity between c parties - Eye-witness to the occurrence - Ocular evidence corroborated by medical evidence - No delay in lodging of FIR and commencing of investigation - Trial court one, but acquitting rest of the accused - On appeal, held: Conviction of the D accused by High Court is correct - In view of number and nature of injuries and the medical evidence intention of the accused is proved. Criminal Law- 'Mens rea' - Determination of - Held: It should be determined in
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)