Supreme Court · 2011 INSC 587 · Decided 17 August 2011
Maloth Somaraju v. State of AP.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 587 · [2011] 10 S.C.R. 349
- Case number
- CRIMINAL APPEAL No. 1849/2008
- Decided
- 17 August 2011
- Bench
- V.S. SIRPURKAR, T.S. THAKUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
A B Penal Code, 1860 - s. 302 - Accused alleged to have committed murder of his elder brother by inflicting fatal injuries by axe at night - Acquittal by trial court - However, C · conviction and sentence u/s. 302 by High Court - On appeal, held: Trial court got swayed away by the so-called acquittal of the accusec - High Court dealt with all the other aspects in detail and also considered the evidence without being D influenced by all the irrelevant and imaginary suspicious circumstances - PW 1 (wife of deceased) was a truthful and reliable eye-witness - She had a close relation
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