Supreme Court · 2012 INSC 467 · Decided 12 October 2012
Murugesan and ORS. v. State Through Inspector of Police
- Court
- Supreme Court of India
- Citation
- 2012 INSC 467 · [2012] 13 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 53/2009
- Decided
- 12 October 2012
- Bench
- P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 1208, 147, 148, 332, 302, 34, 109, 149; CrPC Section 378, 379; Evidence Act Section 32; Constitution Article 136
Headnote
A B Penal Code, 1860 - ss. 1208, 147, 148, 332 and 302 rlw. ss. 3411091149 - Prosecution under - Of 23 accused - Acquittal of all the accused by trial court - High Court C convicting 19 of the accused ulss. 1208 and 302 rlw. ss. 341 149 - Some of the accused also convicted u/s. 332 rlw s. 149 - by the remaining 17 convicts, held: Conviction by High Court not justified - The view taken by the trial court was a possible view, and could not have been D interdicted by the High Court - The conclusions reached by High Court were of fragile nature - The evidence of the two eye-witnesses, the
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