Supreme Court · 2008 INSC 427 · Decided 31 March 2008
Shivappa & ORS. v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2008 INSC 427 · [2008] 5 S.C.R. 743
- Case number
- CRIMINAL APPEAL No. 129/2006
- Decided
- 31 March 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 148, 149; CrPC Section 378
Headnote
~ Penal Code, 1860 - ss. 302, 148 and 149 - Murder - Several armed accused causing 20 injuries to deceased resulting in his death -Acquittal order by trial court - However, c set aside by High Court - On appeal, held: Variation between medical evidence and testimony of eye witnesses with regard to were wholly trustworthy- Delay in lodging FIR was sufficiently explained - No inference could be drawn that there existed a possibility of D false implication - Motive having been established and. also y injuries being 20 in number, U was sufficient to infer thatall accused formed a common
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