Supreme Court · 2000 INSC 461 · Decided 26 September 2000
State of Kerala v. P. Sugathan and ANR.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 461 · [2000] SUPP. 3 S.C.R. 409
- Case number
- CRIMINAL APPEAL No. 784/1994
- Decided
- 26 September 2000
- Bench
- D.P. MOHAPATRA, R.P. SETHI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 120B, 1208, 34, 201; CrPC Section 306; Evidence Act
Headnote
B Penal Code, 1860-Ss.302 and 120B. Murder-Criminal conspiracy-Proof of-Held, can be established from direct or circumstantial evidence-The circumstances should infer that there C was agreement between two or more persons to commit an offence­ Circumstances inferred should be prior to the beyond reasonable doubt. Murder-Criminal conspiracy-Establishment of-Murder of an D erstwhile paramour of Al by Al-Prosecution not establishing beyond reasonable doubt agreement between Al and A2 to commit the crim~Effect of-Held, A2 is entitled to acquittal on the ground of benefit of doubt.
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