Supreme Court · 2019 INSC 953 · Decided 26 August 2019
Samsul Haque v. The State of Assam
- Court
- Supreme Court of India
- Citation
- 2019 INSC 953 · [2019] 11 S.C.R. 229
- Case number
- CRIMINAL APPEAL No. 1905/2009
- Decided
- 26 August 2019
- Bench
- SANJAY KISHAN KAUL, K.M. JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 313
Headnote
Penal Code, 1860: s.302 - Prosecution case was that the victim-deceased was sitting in a tea stall on the fateful day, when the first six accused entered and accused no.2 and 3 all of a sudden started firing at the deceased with a pistol, while the other accused started stabbing and hacking occurred at the instigation of accused nos.7, 8 and 9 - Son of the deceased (PW-3) lodged FIR stating that he was present at the site along with other witnesses and tried to resist the accused - They were threatened with pistol and to save their life, they ran away - Trial
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