Supreme Court · 2008 INSC 1093 · Decided 26 September 2008
Bihari Rai v. State of Bihar (Now Jharkhand)
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1093 · [2008] 13 S.C.R. 1027
- Case number
- CRIMINAL APPEAL No. 1536/2008
- Decided
- 26 September 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 34
Headnote
Penal Code, 1860 : ss. 304 (Part !), s. 300 Exception 4 - Death caused - By c three accused - Eye-witnesses to the incident - Motive attrib- uted - Conviction by trial Court uls 302134 /PC - High Court altering the conviction of one accused u/s 304 (Part I) and acquitting the co-accused - accused, .__. Held: In the facts of the case, conviction u/s 304 (Part I) car- D reef - Non-examination of one of the Investigating Officers, non-mention of names of other eye-witnesses by the informant- eye-witness and non-production of Station Diary Entry before court not fatal for
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