Supreme Court · 2021 INSC 290 · Decided 7 May 2021
Mallappa v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2021 INSC 290 · [2021] 5 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 1993/2010
- Decided
- 7 May 2021
- Bench
- N.V. RAMANA, SURYA KANT, ANIRUDDHA BOSE (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860 - s.302 - Murder - Deceased was allegedly assaulted with a club - Prosecution case primarily based on evidence of PW5 (deceased's wife) - Trial court acquitted accused-appellant as well as the co-accused - Acquittal of appellant reversed - Held: On facts, evidence of PW5 cannot be accepted in full - There were contradictions in PW5's deposition as regards her having seen appellant at the spot of occurrence - PW5 was not a witness to actual act of assault - As a witness, she did not inspire
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