Supreme Court · 2019 INSC 308 · Decided 5 March 2019
Digamber Vaishnav & ANR. v. State of Chhattisgarh Criminal Appeal NOS. 428-430 of 2019 March 05, 2019
- Court
- Supreme Court of India
- Citation
- 2019 INSC 308 · [2019] 2 S.C.R. 844
- Case number
- CRIMINAL APPEAL No. 428/2019
- Decided
- 5 March 2019
- Bench
- A.K. SIKRI, S. ABDUL NAZEER, M.R. SHAH (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 394; Evidence Act Section 27, 118
Headnote
Penal Code, 1860: ss. 302/34 and 394/34 - Murder and Robbery - Prosecution for - Based on circumstantial evidence - Prosecution relied on testimony of child witness; recoveries made u/s. 27 of Evidence Act; fingerprint report; of committing robbery and on evidence of last seen together - Courts below convicted the accused and sentenced them to death - On appeal, held: In the facts of the case, the circumstances on which prosecution case was based, cannot be relied on - There was unexplained delay in
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