Supreme Court · 2015 INSC 361 · Decided 28 April 2015
Hari Shankers v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2015 INSC 361 · [2015] 5 S.C.R. 228
- Case number
- CRIMINAL APPEAL No. 2180/2009
- Decided
- 28 April 2015
- Bench
- PINAKI CHANDRA GHOSE, R.K. AGRAWAL (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
Penal Code, 1860- s. 302 rw 34 - Murder-Allegation that appellant along with other persons committed murder of the deceased to take revenge of the earlier incident of dacoity and murder - Conviction of four persons uls. 302 rw s. 34, D however, acquittal of three by the High Court giving them of the appellant upheld - Conviction of the appellant on the basis of the statement pf eye witness-PW2 and its corroboration - On appeal, held: Since the acquittal of all co-accused became final, the E conviction of the appellant u/s. 34 is not sustainable - As regards the individual role of
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