Supreme Court · 2005 INSC 56 · Decided 31 January 2005

Idrish Bhai Daudbhai v. State of Gujarat

Court
Supreme Court of India
Citation
2005 INSC 56 · [2005] 1 S.C.R. 885
Case number
CRIMINAL APPEAL No. 614/2004
Decided
31 January 2005
Bench
P. VENKATARAMA REDDI, S.B. SINHA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302134, 302, 34; Evidence Act

Headnote

B Criminal Trial : Penal Code, 1860-Section 302134-Accused along with other persons c allegedly causing death of one and hurt to other-Conviction of accused under sections on basis of evidence of prosecution witnesses-High· Court upheld the order-Correctness of-Held: Accused entitled to vis- a-vis First Information Report and Post Mortem Report-No overt act attributed to accused to hold him guilty of sharing common intention to commit the D ~ offence-Even exhortation not enough to prove common intention-Also eye witnesses are interested witnesses-Hence order of High Court set

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