Supreme Court · 2002 INSC 305 · Decided 18 July 2002
Rakesh and ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 305 · [2002] SUPP. 1 S.C.R. 213
- Case number
- CRIMINAL APPEAL No. 199/1998
- Decided
- 18 July 2002
- Bench
- Y.K. SABHARWAL, H.K. SEMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 149, 302, 304Pa
Headnote
B Penal Code, 1860: Sections 147, 149, 302 and 304Part111149. Murder­ Identity of accused not established-Accused acquitted on benefit of doubt­ Correctness of-Held, doubt in the story of the prosecution has to be reasonable and not in1aginary-On the testimony of prosecution witnesses charge. According to the prosecution, there was enmity between accused persons and deceased. Earlier one 'R', an MLA, was allegedly murdered by the deceased who was convicted by the Sessions Court. However, on appeal High Court set aside the conviction. On the fateful day, when PWl/ D Complainant
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