Supreme Court · 2007 INSC 485 · Decided 27 April 2007

State of Himachal Pradesh v. Uttam Kumar and ORS.

Court
Supreme Court of India
Citation
2007 INSC 485 · [2007] 5 S.C.R. 858
Case number
CRIMINAL APPEAL No. 875/2000
Decided
27 April 2007
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 120; CrPC Section 102

Headnote

Penal Code, 1860-Sections 120-B, 302, 382, 404 and 201-Murder- Conviction under-Acquittal by High Court-Sustainability of-Held: Order C of High Court not sustainable since the prosecution case based on circumstantial evidence, on last seen evidence and recoveries at the instance of accused-High High Court set aside and matter remitted back to High Court. D According to the prosecution case, accused U approached VD to hire his taxi. However, VD expressed his inability and asked RK-his brother to carry the accused since RK was going towards that place for getting the servicing of his

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