Supreme Court · 1996 INSC 1485 · Decided 13 December 1996
Mahendra Rai v. Mithilesh Rai and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1485 · [1996] SUPP. 10 S.C.R. 81
- Case number
- CRIMINAL APPEAL No. 326/1990
- Decided
- 13 December 1996
- Bench
- M.M. PUNCHHI, FAIZAN UDDIN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 109; CrPC Section 174, 161
Headnote
B Criminal Law : Criminal Procedure Code, 1973 : Section 174. Inquest report-Eye· witnesses-Evidence of-Who were also witnesses C to inquest report-Held: S.174(1) did not require mention of names of assailants in inquest report-Hence such evidence could not be rejected merely on ground of Penal Code, 1860 : Section 302. Motiv~Trifling matter (dispute over price of milk) Held : commission of offence depended on frame of mind-Trifling matter could lead to mur­ der-For there may be persons who took serious view of trifling matter. Criminal Trial. D E Appreciation of
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