Supreme Court · 2012 INSC 382 · Decided 7 September 2012

Shyam Babu v. State of U.P.

Court
Supreme Court of India
Citation
2012 INSC 382 · [2012] 8 S.C.R. 255
Case number
CRIMINAL APPEAL No. 434/2006
Decided
7 September 2012
Bench
P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 148, 307, 302, 147, 149

Headnote

Penal Code, 1860 - ss. 148, 307 and 302 rlw 149 - Prosecution under - Five deaths and injury to one - Caused A B by fire-shots from 7 accused - Acquittal by trial court - High C Court convicting 3 accused and the appeal abated against 4 of the accused due to their death - During pendency of appeal three surviving accused - Held: In view of the evidence of the three eye-witnesses (one of whom was injured); medical o evidence and FSL report, prosecution established its case - Accused liable to be convicted - The sole accused cannot be exonerated from conviction because the other accused

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