Supreme Court · 2005 INSC 600 · Decided 8 December 2005
Sivakumar v. State BY Inspector of Police
- Court
- Supreme Court of India
- Citation
- 2005 INSC 600 · [2005] SUPP. 5 S.C.R. 578
- Case number
- CRIMINAL APPEAL No. 242/2005
- Decided
- 8 December 2005
- Bench
- S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 174; CrPC Section 164; Evidence Act Section 25
Headnote
Penal Code, 1860: C Section 304, Part 11--Circumstantial evidence-Basis of conviction- Accused · al'ld ·deceased were relatives as well as friends-Accused and deceased going together was seen by PW-I-On the same day PW-I came to lean1'that the body of the deceased was lying near a gun-The air gun was recovered pursuant to D disclosure statement by the accused-Trial Court convicted accused under S. 304, Part ll--High Court affirmed the conviction-Correctness of-Held: When the possession of the air gun and recovery thereof had been proved ownership of the air gun takes a
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