Supreme Court · 2008 INSC 1220 · Decided 24 October 2008
State of Maharashtra v. Ahmed Shaikh Babajan & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1220 · [2008] 14 S.C.R. 1184
- Case number
- CRIMINAL APPEAL No. 25/2002
- Decided
- 24 October 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 460, 34, 456, 109; CrPC Section 154; Constitution Article 136
Headnote
Penal Code, 1860; S. 302 rlw s. 34; S. 456 rlw s. 109 and s. 460: c House breaking by night - Murder of son of tenant a/leg- edly by landlord and others - Trial Court acquitting accused A1 to A3 of the offences uls.302 rlw s.34 /PC, convicted ac- cused A4 and A5 for committing offence u/s.460 and punishable u/s. 456 rlw s. 109 as well. D Acquittal of all accused persons by High Court- Correctness of - Held: Correct - Sole independent witness did not support the prosecution version - His testimony casts serious doubt on the presence of PW1 at the time and place of occurrence - Hence,
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