Supreme Court · 2008 INSC 1426 · Decided 12 December 2008
Om Prakash v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1426 · [2008] 17 S.C.R. 475
- Case number
- CRIMINAL APPEAL No. 1022/2004
- Decided
- 12 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 452, 302, 307
Headnote
-~ Penal Code, 1860 - ss 148, 452, 302, rw 149 - Conviction under -'Appellant and other accused armed with deadly weapons trespassing house of father of deceased - c Shots fired resulting in death of deceased - Conviction by trial court - High Court upholding conviction of appellant only - erred in holding that shots fired by appellant caused fatal injuries - It did not analyse evidence on record as to who caused D other firearm injuries - There were discrepancies in the time ~ of lodging of FIR - Investigation did not start immediately - .. Scribe of FIR not examined - There is
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