Supreme Court · 2001 INSC 472 · Decided 28 September 2001
Kalyan and ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 472 · [2001] SUPP. 3 S.C.R. 407
- Case number
- CRIMINAL APPEAL No. 418/1998
- Decided
- 28 September 2001
- Bench
- M.B. SHAH, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 147, 148, 149, 1208
Headnote
Penal Code, 1860: Sections 302, 307, 147, 148 read with sections 149 and 1208. A B Criminal trial-Murder-Variance between FIR and deposition of C witnesses-Conflict between statements of eye witnesses and medical evidence­ Failure of prosecution to prove charges against accused beyond by Trial Court upheld. Code ~f Criminal Procedure, 1973 : Section 378. Appellate court-Power to interfere with acquittal order-Scope ~f. In a criminal trial under section 302, 307, 147, 148 read with sections 149 and 1208 of the Penal Code, 1860, the Trial Court acquitted all the accused
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