Supreme Court · 2014 INSC 571 · Decided 27 August 2014
Deny Bora v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2014 INSC 571 · [2014] 7 S.C.R. 1111
- Case number
- CRIMINAL APPEAL No. 679/2013
- Decided
- 27 August 2014
- Bench
- DIPAK MISRA, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 314, 302; CrPC Section 161
Headnote
Penal Code, 1860: A B s. 302 - Conviction on testimony of sole eye-witness - c Propriety of - A doctor shot dead by two miscreants - Conviction by Designated Court uls 302, but acquittal in TADA offence - Held: Trial court has placed reliance on the evidence of a witness who has come forward for years and eight 0 months - The only explanation he has given is that he was threatened by the co-accused - Six years after his statement was recorded, accused was arrested - The plea of threat to keep him silent for almost two years and eight months does not inspire confidence - His testimony
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