Supreme Court · 2009 INSC 426 · Decided 31 March 2009
Onkar Lal v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 426 · [2009] 5 S.C.R. 195
- Case number
- CRIMINAL APPEAL No. 323/2007
- Decided
- 31 March 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA, H.L. DATTU (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304
Headnote
Penal Code, 1860 - s. 302 - Murder - Prosecution - Eye-witnesses to the incident- Their names mentioned in FIR c - FIR lodged within reasonable time - Recovery of weapon of offence at the instance of the accused - Conviction by courts below - On app_eal, held: Prosecution case proved - Accused - The witnesses were --;I independent - The case cannot come within purview of s. 304 D /PC in view of the nature of injuries caused. Appellant-accused was prosecuted u/s. 302 IPC for having caused death of one person. Weapon of offence was seized at the instance of the accused. During trial 4
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