Supreme Court · 2009 INSC 725 · Decided 6 May 2009
State of Himachal Pradesh v. Rakesh Kumar
- Court
- Supreme Court of India
- Citation
- 2009 INSC 725 · [2009] 8 S.C.R. 264
- Case number
- CRIMINAL APPEAL No. 1494/2003
- Decided
- 6 May 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
,• Penal Code, 1860 - s. 302 - Fatal blow to deceased - Conviction uls. 302 by trial court - However, acquittal by High c Court - On appeal held: Incident was witnessed by persons present in the house of deceased when incident occurred, thus witnesses were natural witnesses - Two hours before the deceased - On basis of disclosure statement by accused blood stained knife was ~ D recovered - Also, plea of alibi cannot be accepted - Thus, from all the evidence it is established that accused stabbed the deceased in his chest, resulting in his death - Order of acquittal being bad is set
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