Supreme Court · 1997 INSC 442 · Decided 25 April 1997
D.V. Shanmugham and ANR. v. State of Andhra Pradesh
- Court
- Supreme Court of India
- Citation
- 1997 INSC 442 · [1997] 3 S.C.R. 988
- Case number
- CRIMINAL APPEAL No. 647/1994
- Decided
- 25 April 1997
- Bench
- G.N. RAY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 149, 324, 148; Constitution Article 136
Headnote
SHANMUGHAM AND ANR. v. STATE OF ANDHRA PRADESH APRIL 25, 1997 (G.N. RAY AND G.B. PATTANAIK, JJ.) Penal Code, 1860-Sections 302, 307, 302/149, 324-Murde!'-{]rievous injuries on head of accused-Prosecution failed to explain such injuries-It is Obligatory on the prosecution to explain injuries 011 off place from occurrence-Prosecution witnesses were not sure about the place of occurrence-Independent witness not examined though present at the time of occurrence-Hence, inference can be drawn that the D prosecution did not present true version as regards role played by accused--Co­ accused
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