Supreme Court · 2023 INSC 679 · Decided 8 August 2023
Krishan Kumar and Anr v. The State of Haryana
- Court
- Supreme Court of India
- Citation
- 2023 INSC 679 · [2023] 11 S.C.R. 861
- Case number
- CRIMINAL APPEAL No. 1076/2015
- Decided
- 8 August 2023
- Bench
- C.T. RAVIKUMAR, SANJAY KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 364
Headnote
HEADNOTES Issue for consideration: Conviction of the appellants-accused u/ ss.201, 300, 302, IPC r/w s.34 based on circumstantial evidence, consisting of evidence of last seen, extra judicial confession, recovery of weapon of off ence and motive, if justifi ed. Evidence - Conviction based upon - When not justifi ed: Held: Categoric fi nding of the courts below on appreciation of the oral testimonies of the prosecution witnesses is that none of the witnesses had spoken of having lastly seen the deceased in the company of the accused alive and
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