Supreme Court · 2005 INSC 268 · Decided 9 May 2005

Murlidhar and ORS. v. State of Rajasthan

Court
Supreme Court of India
Citation
2005 INSC 268 · [2005] SUPP. 1 S.C.R. 175
Case number
CRIMINAL APPEAL No. 355/2004
Decided
9 May 2005
Bench
P. VENKATARAMA REDDI, B.N. SRIKRISHNA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 364, 302134, 302, 149, 148, 201, 34, 147; Evidence Act Section 106

Headnote

B Penal Code, 1860-Section 364 and 302134-Commission of abduction and murder-Conviction affirmed by High Court under section 364 and 3021 34-Justification of-Held: There was evidence regarding abduction of the C victim with an intention to dispose him of as to put him in the danger of being not inspiring confidence-Also High Court wrongly relied on rule of burden of proof under section 106 of the Evidence Act and drew an inference that the abductors murdered the victim when facts were especially in the knowledge of abductors and they did not D give any explanation as to what

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