Supreme Court · 2009 INSC 343 · Decided 6 March 2009
Santosh Devidas Behade and ORS. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2009 INSC 343 · [2009] 4 S.C.R. 83
- Case number
- CRIMINAL APPEAL No. 445/2009
- Decided
- 6 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 141; CrPC Section 162; Evidence Act Section 3, 9
Headnote
Penal Code, 1860: B s.302 r!w 149- Conviction under- Upheld by High Court c - Justification of - Held: On facts, justified. ss.149 and 141 - Unlawful assembly- Common object - Determination of - Relevant considerations - Discussed. Evidence - Witness - Related witnesses - Appreciation 0 of because the eye-witnesses were family members their evidence could not be per se discarded - When there is allegation of interestedness, the same has to be established - Mere statement that being relatives of the deceased they are likely to falsely implicate the accused cannot be a ground to
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