Supreme Court · 2003 INSC 635 · Decided 17 November 2003
Bhargavan and ORS. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2003 INSC 635 · [2003] SUPP. 5 S.C.R. 535
- Case number
- CONTEMPT PETITION (CRIMINAL) No. 530/2003
- Decided
- 17 November 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Contempt
- Acts & sections cited
- IPC Section 302, 149, 141; CrPC Section 154; Evidence Act Section 3, 32
Headnote
B Penal Code, 1860: Section 302 read with section 149-Accused persons armed with deadly weapons brutally assaulted the deceased who succumbed to his injuries C later-Conviction and sentence by trial court-High Court upholding the order-Justification of-Held: Evidence of nephew who was eye witness prosecution witnesses reliable-Evidence sufficient to fasten guilt by application of section 149-Delay in lodging FJR explained- D Plea of alibi by accused not proved-Hence, trial court and High Court justified in convicting and sentencing the accused-Evidence Act, 1872- Sections 3 and 32-Code of
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