Supreme Court · 2008 INSC 1063 · Decided 19 September 2008
Daulatram S/O Sadram Teli v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1063 · [2008] 13 S.C.R. 734
- Case number
- CRIMINAL APPEAL No. 1493/2008
- Decided
- 19 September 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 2(v), 352
Headnote
Penal Code, 1860; Ss. 302 and 307: c Assault and murder - Conviction - Acquittal of co-ac- cused - Conviction of accused based on evidence of relative eye witnesses - Correctness of - Held: Evidence of relative eye witnesses cannot per se be discarded - Foundation has to be laid if plea is made - In the instant D case, evidence of PW3 and PW5, relative witnesses, found cogent, credible and reliable - Acquittal of co-accused can- not be a ground for holding conviction of other accused infirm - Hence, Courts below rightly convicted the accused on the basis of evidence of eye
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