Supreme Court · 2006 INSC 81 · Decided 14 February 2006
State of A.P. v. S. Rayappa and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 81 · [2006] 2 S.C.R. 200
- Case number
- CRIMINAL APPEAL No. 1401/1999
- Decided
- 14 February 2006
- Bench
- H.K. SEMA, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 148
Headnote
Penal Code, 1860---Sections 302 and 148: Murder-Evidence of P. W.2--Discarded by High Court on ground that C inquest report did not disclose his name as an eyewitness--Propriety of-· Held: lmprope.·--/n view of direct evidence that P. W.2 was present at the incident spot at the time as an eyewitness. D Murder-Delayed reaching of FIR before !laqa Magistrate--High Court doubted p1esence vf eye-witnesses on that ground--Propriety of-Held: Not proper since evidence of eye-witness categorical with regard to participation of each accused-Also no question or suggestion was put to
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