Supreme Court · 2005 INSC 162 · Decided 29 March 2005
Hem Raj and ORS. v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2005 INSC 162 · [2005] 2 S.C.R. 1152
- Case number
- CRIMINAL APPEAL No. 957/1998
- Decided
- 29 March 2005
- Bench
- P. VENKATARAMA REDDI, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860-Section 302-Death-Evidence of related eyewitnesses-Availability of independent eyewitness-Non-examination of- C Absence of blood on ihe spot of occurrence-Inadequate light-Evidence of Investigating Officer, one of the eyewitnesses and time and source of FIR doubtful-Conviction by there is possibility of conviction of wrong persons-Accused entitled to benefit of doubt. D Criminal Trial : Independent w.tness-Non-examinatio~Ejfect of on prosecution case~ Held: Non-examination of such witness by itself may not give rise to adverse inference against prosecution-But
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