Supreme Court · 2002 INSC 391 · Decided 17 September 2002

State of Karnataka v. David Razario and ANR.

Court
Supreme Court of India
Citation
2002 INSC 391 · [2002] SUPP. 2 S.C.R. 419
Case number
CRIMINAL APPEAL No. 844/1995
Decided
17 September 2002
Bench
U.C. BANERJEE, ARIJIT PASAYAT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 392, 34; Evidence Act Section 27

Headnote

B Evidence Act, 1872-Section 27: Accused allegedly commilling murder and robbery-Evidence relating to recovery-Trial Court convicting the accused on the basis of evidence- C High Court selling aside the same~orrectness of-Held, High Court erred in acquitting the accused-Penal Code, 1860-Sections Question need not be decided since prosecution case is not based only on such recovery. D According to the prosecution an octogenarian lady was robbed and murdered by accused-respondents. Investigation Officer found one tape recorder missing from the deceased's house, Few days later accused

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