Supreme Court · 2006 INSC 541 · Decided 24 August 2006
Jagdish Murav v. State of U.P. and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 541 · [2006] SUPP. 5 S.C.R. 219
- Case number
- CRIMINAL APPEAL No. 1644/2005
- Decided
- 24 August 2006
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 307, 323, 504, 506; CrPC Section 157
Headnote
B Penal Code, 1860-Section 307-Attempt to murder-By firing gunshot at neck-Acquittal by Trial Court-Set aside by High Court in appeal­ Challenge tcr-Held: High Court failed to analyze evidence on record and C passed judgment on mere surmises and conjectures-It did not critically scrutinize the with no independent witness examined- No gun was seized nor any cartridge found at the place of occurrence­ Further, there was enmity between the parties and FIR was ante-dated and ante-time~Jn such circumstances, false implication not ruled out-Accused D entitled to benefit of doubt-Code
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