Supreme Court · 2022 INSC 786 · Decided 2 August 2022
Dauvaram Nirmalkar v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2022 INSC 786 · [2022] 7 S.C.R. 5
- Case number
- CRIMINAL APPEAL No. 1124/2022
- Decided
- 2 August 2022
- Bench
- SANJIV KHANNA, BELA M. TRIVEDI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 300; Evidence Act Section 106, 25, 26, 27
Headnote
Penal Code, 1860 - ss.304 Part I and 302 and Exception 1 to s.300 - Murder - Conviction of appellant by Courts below u/s.302 IPC for murder of his brother - Challenge to - Held: The fact that the appellant and the deceased were together the night when the deceased Therefore, s.106 of the Evidence Act gets attracted and in the absence of any breakin or third-party involvement, the chain of facts and circumstances established beyond doubt, bares that the appellant and no other person was the perpetrator who had inflicted the injuries on his brother -
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