Supreme Court · 2017 INSC 208 · Decided 7 March 2017
Himanshu Mohan Raj v. State of U.P. and ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 208 · [2017] 2 S.C.R. 678
- Case number
- CRIMINAL APPEAL No. 827/2011
- Decided
- 7 March 2017
- Bench
- S.A. BOBDE, L. NAGESWARA RAO (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860 - s.302 - Appeal against acquittal - Prosecution case was that the accused persons got into an altercation with the waiter of a hotel run by deceased and his brother (PW-1) - Deceased and PW-1 tried to pacify the accused persons - Upon heated arguments, one of to fire the shot - Accused fired five rounds resulting in death of brother of PW-1 - Trial court convicted respondent-accused u!s.302 for murder and awarded life imprisonment - High Court set aside the conviction and acquitted the respondent - Appeal by complainant/State against acquittal -
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