Supreme Court · 2012 INSC 618 · Decided 14 December 2012
Lahu Kamlakar Patil and ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2012 INSC 618 · [2012] 9 S.C.R. 1173
- Case number
- CRIMINAL APPEAL No. 114/2008
- Decided
- 14 December 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 147, 148, 149, 452; CrPC Section 161
Headnote
A B Penal Code, 1860 - ss. 302, 147, 148, 149 and 452 - Death of one person - Due to alleged assault with deadly weapons - Conviction of accused-appellants on basis of sole C testimony of PW2, the alleged eye-witness - Sustainability - Held: Not sustainable - Conduct of PW2 after the alleged in accord with acceptable human behaviour allowing of variations - Veracity of PW2's version doubtful - Absence of clinching evidence to connect D the appellants with the crime - Conviction of appellants accordingly set aside - Evidence - Witness - Unnatural conduct. Evidence - Hostile witness -
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