Supreme Court · 2009 INSC 618 · Decided 27 April 2009
Kirender Sarkar and ORS. v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2009 INSC 618 · [2009] 6 S.C.R. 1133
- Case number
- CRIMINAL APPEAL No. 845/2009
- Decided
- 27 April 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 448, 323, 302
Headnote
Penal Code, 1860 - ss.147, 448 and 323 - Conviction under, by Courts below - Challenged, on ground of non- c naming of some convicts in the FIR - Held: FIR is not an encyclopedia of the entire events and cannot contain the minutest details of the events - FIR is not substantive evidence and cannot testimony of eye witnesses except that it may be used for purpose of D contradicting maker of the report - Non-naming of one or few accused persons in the FIR is no reason to dis-believe the testimony of crucial witnesses - On facts, the evidence of PW- 1, who lodged the FIR, was clear and
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