Supreme Court · 2023 INSC 242 · Decided 16 March 2023
Pradeep Kumar v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2023 INSC 242 · [2023] 2 S.C.R. 682
- Case number
- CRIMINAL APPEAL No. 1304/2018
- Decided
- 16 March 2023
- Bench
- BHUSHAN RAMKRISHNA GAVAI, SANJAY KAROL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 201; Evidence Act Section 27
Headnote
Penal Code,1860 - ss. 302,34,201 - Two accused persons (including appellant) were convicted for offence of murder by trial Court -The prosecution case, rested upon three circumstances (a) the alleged confessional statement of appellant;(b) prior animosity deceased; and (c) the recovery of material from the appellant - The High Court upheld the conviction of appellant and acquitted co-accused - On appeal, held: The testimonies of PW-12(son of the deceased) and PW-13(co-villager) negated circumstances that there was tension between the
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