Supreme Court · 2013 INSC 525 · Decided 8 August 2013
Mritunjoy Biswas v. Pranab @ Kuti Biswas and Another
- Court
- Supreme Court of India
- Citation
- 2013 INSC 525 · [2013] 7 S.C.R. 1105
- Case number
- CRIMINAL APPEAL No. 378/2007
- Decided
- 8 August 2013
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860: A B s.302 - Murder caused by gun-shot - Conviction by trial court - Acquittal by High Court - Held: Husband of deceased C has clearly deposed to have seen the accused firing at his wife -- Nephew of deceased (informant) has stood by his earlier version -~ They are the most no reason that they would falsely implicate the accused - Besides, in the instant case, abscondence of the D accused gains significance - Non-examination of the treating doctor at Primary Health Centre does not affect the prosecution case -- When there is ample unimpeachable ocular evidence and
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