Supreme Court · 2009 INSC 542 · Decided 16 April 2009
Gamparai Hrudayaraju v. State of AP. THR. Public Prosecutor
- Court
- Supreme Court of India
- Citation
- 2009 INSC 542 · [2009] 6 S.C.R. 396
- Case number
- CRIMINAL APPEAL No. 744/2009
- Decided
- 16 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 203
Headnote
i. Penal Code, 1860 - ss. 302 and 203 - Prosecution - c Conviction by courts below, on the basis o circumstantial evidence - On appeal, held: Conviction not maintainable - Prosecution failed to establish the accusations - No circumstance referred to, which could fasten the guilt of - Circumstantial evidence - Reliance on - Held: Conviction can be based on such evidence - Condition -./ .... precedent for reliance before conviction, discussed. Appellant was prosecuted for having killed a woman E with whom he was having illicit relations. Trial court convicted the appellant
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