Supreme Court · 1973 INSC 98 · Decided 26 April 1973

Ranbir and ORS. v. State of Punjab

Court
Supreme Court of India
Citation
1973 INSC 98 · [1974] 1 S.C.R. 102
Case number
CRIMINAL APPEAL No. 5/1970
Decided
26 April 1973
Bench
I.D. DUA, KUTTYIL KURIEN MATHEW (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 148, 325, 149; Constitution

Headnote

E~·idence-Appraisal in cases of party factions. The appellants were convicted under Ss. 148 and 325/149 I.P.C. Dismiss· ing the appeal to this Court by special leave, HELD : ( ( 1) In cases of party factions, there is generally speaking a ten­ dency on the part of the prosecution occurrence cannot be held to arouse any reasonable doubt or suspicion about its having taken place, then the prosecution witnesses, provided they are held to have witnessed the occurrence and to be in a position to identify the assailants, are not ordinarily to be assumed to have left out the

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