Supreme Court · 2009 INSC 51 · Decided 21 January 2009
State of Maharashtra v. Prakash Sakha Vasave and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 51 · [2009] 1 S.C.R. 450
- Case number
- CRIMINAL APPEAL No. 654/2004
- Decided
- 21 January 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 34
Headnote
Penal Code, 1860 - s.302134 - Murder - By three c accused - Eye-witnesses to the incident - Motive proved - No overt act attributed to third accused - Conviction by trial Court - Accused 1 and 2 sentenced to death and accused 3 sentenced to life imprisonment - Acquittal by High Court on that version of eye-witnesses not reliable D and that there was delay in lodging FIR - On appeal, held: { On facts, evidence of eye-witnesses reliable - [?easons >- indicated for acquittal of accused Nos. 1 and 2 not justified - However, their case does not fall in the category of rarest of
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