Supreme Court · 2010 INSC 425 · Decided 23 July 2010
Podyami Sukada v. State of M.P. (Now Chhatisgarh)
- Court
- Supreme Court of India
- Citation
- 2010 INSC 425 · [2010] 8 S.C.R. 964
- Case number
- CRIMINAL APPEAL No. 1243/2006
- Decided
- 23 July 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860 - s. 302 - Homicidal death of mother C by son - Extra-judicial confession made by son in presence of witnesses and recovery of weapon at his instance - Conviction and sentence uls. 302 by courts below - On appeal, held: Witnesses to the extra judicial confession declared thus does not inspire D confidence - It cannot be held with certainty that any extra judicial confession in fact was made by son-accused - Conviction cannot be sustained merely on the ground of recovery of weapon of crime at the instance of accused - Thus, accused granted the benefit of
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