Supreme Court · 1996 INSC 927 · Decided 23 August 1996

Nayudu Srihari v. State of Andhra Pradesh

Court
Supreme Court of India
Citation
1996 INSC 927 · [1996] SUPP. 5 S.C.R. 117
Case number
CRIMINAL APPEAL No. 7/1993
Decided
23 August 1996
Bench
M.K. MUKHERJEE, S.P. KURDUKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 148, 302, 149, 114; Constitution Article 136

Headnote

B CRIMINAL LAW: Indian Penal Code, 186(}-Section 302-Appellant alongwith 14 others accused of murder of a pawn belonging to 1ival faction-Appellant alleged C to have attacked deceased on his neck repeatedly-FIR by PW 1 admittedly after consultation with his leader-Giving names of 15 pe1:w11s a few of them-Held : FIR f ab1icated. Stateme11t of PW 1 as to his presence--Contra1y to evidence of his D parents-No reason to discard their evidence. Presence of PW I at the scene-lmpmbable. Conviction based on sole testimony of PW I--<:a1111ot be sustained. Constitution of India, 1950 :

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