Supreme Court · 2018 INSC 644 · Decided 27 July 2018
State of Madhya Pradesh v. Gangabishan @ Vishnu & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 644 · [2018] 9 S.C.R. 349
- Case number
- CRIMINAL APPEAL No. 2393/2009
- Decided
- 27 July 2018
- Bench
- ABHAY MANOHAR SAPRE, S. ABDUL NAZEER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149, 325, 147, 148, 440, 304, 129
Headnote
Penal Code, 1860: ss. 302/149, 325/149, 147, 148, 440 and 304 (Part I) - Prosecution of nine accused u/ss. 302/149, 325/149, 147, 148 and 440 - Injured eye-witness to the incident - Dying declaration recorded - Conviction by Trial court - High Court acquitted all the of accused No.1 was altered to one u/s.304 (Part I) - Appeal by State challenging acquittal order - Held: Statement of the eye-witness as well as dying declaration of deceased not corroborated by medical evidence - In the facts of the case liability cannot be fastened on the
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