Supreme Court · 2023 INSC 240 · Decided 16 March 2023
Guna Mahto v. State of Jharkhand
- Court
- Supreme Court of India
- Citation
- 2023 INSC 240 · [2023] 3 S.C.R. 782
- Case number
- CRIMINAL APPEAL No. 108/2012
- Decided
- 16 March 2023
- Bench
- BHUSHAN RAMKRISHNA GAVAI, SANJAY KAROL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201
Headnote
Penal Code, 1860 : ss. 302, 201 - Murder - Prosecution case that husband murdered his wife and dumped her dead body in well to cause disappearance of evidence and later lodged missing report with the police - Conviction u/ss. 302 and 201 by the courts below - On appeal, Officer has, in the attending circumstances rendered the prosecution case to be doubtful if not false - Offence u/s. 201 could not have been proven without his examination - Courts below presumptively, proceeded with the acquired assumption of the guilt of the accused for the
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