Supreme Court · 2004 INSC 458 · Decided 19 August 2004
State of Karnataka v. Bhaskar Kushali Kotharkar and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 458 · [2004] SUPP. 3 S.C.R. 635
- Case number
- CRIMINAL APPEAL No. 498/1998
- Decided
- 19 August 2004
- Bench
- K.G. BALAKRISHNAN, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 324, 148, 143; CrPC Section 161
Headnote
B CRIMINAL TRIAL : Non-examination of investigating officer-Effect of-Prosecution of accused inter alia under s. 304 (Part II) rlw. s.149 !PC-Conviction by C trial court-Acquittal by High Court for non-examination of Investigating Officer and Head Constable who recorded FIR-Held, as a part of fair were not prejudiced by non-examination of the l.O. and the Constable who recorded the FIR, High Court was not justified in reversing the conviction D solely on the technical ground-There is very strong and convincing evidence to prove that the accused committed the offences-Finding of
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