Supreme Court · 1998 INSC 285 · Decided 4 August 1998
Ravindra @ Ravi Bansi GOHAR. v. State of Maharashtra and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 285 · [1998] 3 S.C.R. 978
- Case number
- CRIMINAL APPEAL No. 431/1998
- Decided
- 4 August 1998
- Bench
- M.K. MUKHERJEE, D.P. WADHWA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 154; Evidence Act Section 9
Headnote
Penal Code, 1860-Section 302-Murder-Po/ice Constable was the eye-witness, not disclosing details about the accused in his statement to the police as to fix-up the identity of the accused nor ascerting that person whom C he named in FIR was accused before the court-Police showing photographs of the to the Police Station where the accused were in lock-up for some time prior to incident-Held: Would not establish the probability of witnesses knowing accused persons--Hence Conviction on the basis of the sole identification of such witnesses is not sustainable. D Evidence Act, 1872-Section
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