Supreme Court · 2008 INSC 1336 · Decided 21 November 2008
MD. Rafique @ Chachu v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1336 · [2008] 16 S.C.R. 523
- Case number
- CRIMINAL APPEAL No. 828/2008
- Decided
- 21 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 398
Headnote
Penal Code, 1860: s.302 - Prosecution under ss. 302 & 398 - Eye­ witnesses to the occurrence injured - Corroboration by medical evidence - Conviction by trial Court - High . Court confirming conviction u/s 302 and acquitting the accused ul A B c s 398 - On appeal, held: Conviction · not liable to be altered uls 304. s.300 C/ause(3) - Scope of....: Discussed.; .. ss. 299 and 300 - 'Culpable Homicide' and 'murder' - . Distinction between - Discussed. E Concession - Concession made before Court - In appeal, party denying to have made such concession - Held: Concession cannot
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