Supreme Court · 2014 INSC 356 · Decided 5 May 2014
Nagesar v. State of Chhatisgarh
- Court
- Supreme Court of India
- Citation
- 2014 INSC 356 · [2014] 6 S.C.R. 637
- Case number
- CRIMINAL APPEAL No. 1096/2014
- Decided
- 5 May 2014
- Bench
- T.S. THAKUR, C. NAGAPPAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 148, 302; Juvenile Justice Act
Headnote
PENAL CODE, 1860: A B ss. 304 (Part II}, 147 and 148 - Out of seven convicts, c two filed appeals stating that they were not named in FIR and their presence at place of occurrence was not established - Held: Mere presence or association of a person with other members alone is not per se sufficient by the ot(lers unless there 0 was sufficient evidence to show that he a/so intended to or knew the likelihood of commission of such an offending act - In the instant case, there is no legally acceptable material to prove that appellants either were present on the spot or they acted as members
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