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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