Supreme Court · 2008 INSC 575 · Decided 2 May 2008
Harendra Sarkar v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2008 INSC 575 · [2008] 7 S.C.R. 589
- Case number
- CRIMINAL APPEAL No. 907/2006
- Decided
- 2 May 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 448134, 147, 148, 149, 448, 302, 326; CrPC Section 161; Evidence Act
Headnote
Penal Code, 1860 - ss. 302134 and 448134 - Mob of 14- 20 entered house and killed three and caused injuries to four - Incident occurred after communal riots broke out and curfew c imposed, on account of demolition of Babri Masjid - Evidence - Appreciation of - Conviction by trial court- However, giving benefit of doubt- On appeal, held: Per Sinha, J-Appreciation of evidence must be done strictly as per law and on basis of materials on D ) --( record - Ohly because offence was committed during communal riots, provisions of CrP C. and Evidence Act would not be applied differently vis-a-vis
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