Supreme Court · 2010 INSC 138 · Decided 9 March 2010
Javed Masood and ANR. v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2010 INSC 138 · [2010] 3 S.C.R. 236
- Case number
- CRIMINAL APPEAL No. 1522/2008
- Decided
- 9 March 2010
- Bench
- B. SUDERSHAN REDDY, S.S. NIJJAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 148, 201; Constitution Article 136
Headnote
Penal Code, 1860: s.302 - Conviction under, by courts C below, on the basis of evidence of eye witnesses - Justification of - Held: On facts, not justified - Entire prosecution case rested upon the Parcha Bayan lodged by PW-5 - PW-5 was brother of deceased and a highly interested witness - ruled out presence of PW-5 at o the scene of offence - Once his presence is disbelieved, whole case of prosecution would collapse - The police personnel who came on the spot after incident and took deceased to hospital deposed that PWs were not present at the scene of offence - Police
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