Supreme Court · 2023 INSC 957 · Decided 30 October 2023
Birbal Nath v. The State of Rajasthan & Ors
- Court
- Supreme Court of India
- Citation
- 2023 INSC 957 · [2023] 14 S.C.R. 85
- Case number
- CRIMINAL APPEAL No. 1587/2008
- Decided
- 30 October 2023
- Bench
- SANJAY KISHAN KAUL, SUDHANSHU DHULIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 304; CrPC Section 161; Evidence Act Section 145, 155
Headnote
HEADNOTES Issue for consideration: Whether the High Court was justifi ed in acquitting the accused for the major off ences u/ss. 302 and 307 IPC, and convicting them only for the off ences u/ss. 147, 148, 323, 324, 325/149 and reducing their sentences to the period already undergone contractions in the two statements of the injured eye witness, one given to police u/s.161 Cr.PC., and the other given before the court, would be suffi cient to discredit a witness. Penal Code, 1870 - ss. 304 Part I, 308, 147, 148, 323, 324, 325/149 - Culpable homicide not
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