Supreme Court · 2010 INSC 526 · Decided 18 August 2010

Shivanna v. State BY Hunsur Town Police

Court
Supreme Court of India
Citation
2010 INSC 526 · [2010] 10 S.C.R. 410
Case number
CRIMINAL APPEAL No. 445/2003
Decided
18 August 2010
Bench
H.S. BEDI, C.K. PRASAD (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 304; Constitution Article 136

Headnote

Penal Code, 1860: ss.304-A, 279, 337 and 338-A truck loaded with stones and being driven by accused overturned leading to death of one and injuries to seven others - Conviction by trial court - Affirmed by appellate court as a/so by High Court - HELD: 0 This is a case of no evidence, calling stage - In the light of the statements given by the three primary witnesses there is no evidence which inculpates the accused - A cumulative reading of their evidence shows that the accused cannot be fastened with any a/legation of wrong E doing - PW 5 stated that the offending vehicle was going

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