Supreme Court · 2009 INSC 1218 · Decided 6 November 2009
MD. Ankoos & ORS. v. The Public Prosecutor, H!gh Court of A.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1218 · [2009] 15 S.C.R. 616
- Case number
- CRIMINAL APPEAL No. 120/2008
- Decided
- 6 November 2009
- Bench
- D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3021149, 109, 302, 149, 148, 448; CrPC Section 161(3), 172(2)
Headnote
Penal Code, 1860 - ss. 3021149 - Conviction under - , Apcused suspecting that deceased practiced sorcery - " c Murder of five and injuries to two - 77 accused charged u/ss. 148, 448, 307, 302, 120-B rw s. 109 - Acquittal by trial court - High Court convicting 19 persons u/s. Held: Evidence of eye-witness.es full of embellishments and improvements - High Court erred in D placing reliance on the case diary as a piece of evidence - Accused having been acquitted u/s. 148 by courts below, they could not have been legally convicted by High Court u/s. 3021 ..,.. 149 -
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