Supreme Court · 2009 INSC 302 · Decided 3 March 2009
State of M.P. v. Dhara Singh & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 302 · [2009] 3 S.C.R. 935
- Case number
- CRIMINAL APPEAL No. 1390/2003
- Decided
- 3 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 25, 27, 34; Arms Act Section 25, 27
Headnote
Penal Code, 1860 - s. 302 and s. 302 rlw s. 34 - Arms Act, 1959 - s. 25 and 27 - Conviction under - However, c acquittal by High Court extending benefit of doubt - On appeal held: Conclusion of High Court that name of prosecution witness not mentioned in FIR not correct- There was no discussion of it cannot be said that non-placing of the report of ballistic expert D on record was fatal to prosecution case - Thus, order of High Court set aside and that of trial court restored. The question which arose for consideration in this appeal was whether the High Court was justified in E setting
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