Supreme Court · 2006 INSC 874 · Decided 21 November 2006
Kalyan Singh v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2006 INSC 874 · [2006] SUPP. 9 S.C.R. 249
- Case number
- CRIMINAL APPEAL No. 819/2006
- Decided
- 21 November 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 302, 34; CrPC Section 378
Headnote
B Code of Criminal Procedure, 1973: s. 378-Acquittal by Trial Judge-Reversed by High Court in appeal­ Challenge to-Held: On facts, view of Trial Court cannot be said to be C wholly unsustainable-As having regard to the fact situation, two views are possible, High Court should not have to the prosecution, all the accused persons including D Appellant surrounded the deceased whereafter Appellant gave an exhortation pursuant to which one of the other accused fired at the deceased resulting in his death. The Trial Judge held that having regard to the enmity between the
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