Supreme Court · 2021 INSC 321 · Decided 6 July 2021
Rakesh and Another v. State of U.P. and Another
- Court
- Supreme Court of India
- Citation
- 2021 INSC 321 · [2021] 6 S.C.R. 874
- Case number
- CRIMINAL APPEAL No. 556/2021
- Decided
- 6 July 2021
- Bench
- D.Y. CHANDRACHUD, M.R. SHAH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 34
Headnote
Penal Code, 1860: s.302 r/w s.34 - Previous enmity between the complainant party and accused - Gun shot and knife blows on the victim deceased resulting in his death - Conviction under s.302 r/w s.34 by courts below - On appeal, held: recovery of the weapon used in commission of offence is not a sine qua non - PW1 & PW2 were reliable and trustworthy eye- witnesses to the incident and they specifically stated that A1 fired from the gun and the deceased sustained injury - The injury by the gun was established
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