Supreme Court · 2018 INSC 9 · Decided 8 January 2018

State of Himachal Pradesh v. Raj Kumar

Court
Supreme Court of India
Citation
2018 INSC 9 · [2018] 1 S.C.R. 102
Case number
CRIMINAL APPEAL No. 31/2018
Decided
8 January 2018
Bench
UDAY UMESH LALIT, R. BANUMATHI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 201; Evidence Act Section 106

Headnote

Penal Code, 1860 - ss.302, 201 r/w.34 - Case based on circumstantial evidence - Deceased was residing with PW1 (son), PW2 (daughter) and accused-respondent (brother-in-law) - On the fateful night, PW1 heard the cries of deceased on being beaten by respondent who then took of another accused - Later, dead body of deceased was found hanging from a tree - Trial court convicted the respondent - Appeal by accused allowed by High Court on the ground that PW-1 had made improvements in his deposition and hence, was not a reliable witness - Held:

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