Supreme Court · 2015 INSC 828 · Decided 4 November 2015
State of Rajasthan v. Daud Khan
- Court
- Supreme Court of India
- Citation
- 2015 INSC 828 · [2015] 13 S.C.R. 1131
- Case number
- CRIMINAL APPEAL No. 126/2010
- Decided
- 4 November 2015
- Bench
- MADAN B. LOKUR, S.A. BOBDE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302; CrPC Section 157; Arms Act Section 25
Headnote
Penal Code, 1860- s.304 (Part I) -Arms Act, 1959- A B ss. 3 and 25 - Prosecution for causing death of one person - c Conviction u/s.302 IPC and uls.3 rlw s.25 of Arms Act-High Court converted the conviction u/s. 302 to one u/s.304 (Part/)- Cross appeals by the State as well as the accused­ receipt of special report by the Magistrate is not fatal to prosecution D case - Eye-witnesses to the incident were reliable and trustworthy- On collective consideration of facts of the case, prosecution case cannot be doubled - Order of High Court upheld - Code of Criminal Procedure, 1973 - s.
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