Supreme Court · 2011 INSC 101 · Decided 4 February 2011
Kilakkatha Parambath Sasi & ORS. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2011 INSC 101 · [2011] 2 S.C.R. 540
- Case number
- CRIMINAL APPEAL No. 1383/2003
- Decided
- 4 February 2011
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149, 34
Headnote
Penal Code, 1860 - s.302 rlw s.34 - Accused persons C allegedly formed themselves into an unlawful assembly and assaulted PW-1 and his brother with sword, axe and knife due to political animosity - PW-1 was injured while his brother died at the hospital - Trial Court acquitted all the Court, however, reversed the acquittal of four D accused (the appellants) - Justification of - Held: Justified - The findings of the High Court as to the spontaneity of the FIR are fully endorsed - PW-1 is an injured witness and his presence, therefore, cannot be disputed - PW-1 was not an active
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