Supreme Court · 2007 INSC 566 · Decided 14 May 2007
Shankar Jaiswara v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2007 INSC 566 · [2007] 6 S.C.R. 480
- Case number
- CRIMINAL APPEAL No. 721/2007
- Decided
- 14 May 2007
- Bench
- S.H. KAPADIA, B. SUDERSHAN REDDY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 86, 302; Evidence Act Section 27
Headnote
Penal Code, 1860; Ss. 86 and 302: Murder-Accused attacked deceased with a sharp edged weapons causing his death-F.I.R.-Charge sheet-Trial Court found accused guilty of committing offence 1t!s 302 !PC, convicted and sentenced him accordingly­ Affirmed by High Court-On appeal, Held, no doubt with .. the crime unless it is established that the weapon has been used by him for D commission of the offence-But the weapon in the instant case was recovered at the instance of the accused-Besides, ocular evidence of PW I and 3 consistently reveals that the accused was carrying a knife-Thus,
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