Supreme Court · 2003 INSC 743 · Decided 19 December 2003
Chanakya Dhibar (Dead) v. State of West Bengal and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 743 · [2003] SUPP. 6 S.C.R. 1181
- Case number
- CRIMINAL APPEAL No. 728/1997
- Decided
- 19 December 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 304, 149, 351; Constitution Article 136
Headnote
B Penal Code, 1860 : Sections 148, 304 Part I r/w Section 149-Death caused-Assault by five accused-Witnessed by two eye-witnesses-One of them independent c witness-Conviction by trial court-Acquittal by High Court disbelieving the witnesses-On appeal, held: Acquittal not justified-High Court's of High Court is contrary to records of the case. Section 149-Common object-Scope of-Discussed-Section 141. D 'Cornman object' and 'Common intention '-Distinction between. Criminal Trial : E Chance witness-Reliability on-Held: Evidence of such witness cannot be brushed aside or
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