Supreme Court · 2003 INSC 389 · Decided 13 August 2003
State of Madhya Pradesh v. Man Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 389 · [2003] SUPP. 2 S.C.R. 460
- Case number
- CRIMINAL APPEAL No. 825/1996
- Decided
- 13 August 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 34; CrPC Section 164, 157
Headnote
Penal Code, 1860: Section 302134-Murder'-Charge under-Injured eyewitnesses_;_Their C evidence recorded under Section 164 Cr.P.C.-Non-mention of name of one of the witnesses in FIR-Non-examination of independent witness­ Prosecution 's failure to produce statement recorded by Tehsildar-Non­ Court-Acquittal by High Court-On appeal- D Plea that Conviction not to be under Section 302 but at the most, under Section 304-Held: In view of the evidence accused liable to be convicted­ In view of injuries, and nature of assault case not covered uls.304. Section 34-Applicability of-Held:
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