Supreme Court · 2011 INSC 351 · Decided 3 May 2011
Shaji and ORS. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2011 INSC 351 · [2011] 6 S.C.R. 210
- Case number
- CRIMINAL APPEAL No. 1618/2005
- Decided
- 3 May 2011
- Bench
- P. SATHASIVAM, H.L. GOKHALE (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 147, 141; Constitution
Headnote
Penal Code, 1860: c s. 302 rlw s. 149 - Murder - Common object - Unlawful assembly armed with deadly weapons - Six accused - A-1 inflicted three cut injuries on head of victim-deceased with a ~ chopper - A-5 and A-6 acquitted - Other four accused (A-1 to A-4) convicted - They filed appeals before as not pressed - Whether prosecution established the conviction of A-2 to A-4 under s.302 rlw s.149 - Held, No - All the eye-witnesses identified and attributed only A-1 for commission of offence and made no reference to the role of the other accused - Even the E Investigation Officer did
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