Supreme Court · 2004 INSC 506 · Decided 8 September 2004
State of Rajasthan v. Khuma
- Court
- Supreme Court of India
- Citation
- 2004 INSC 506 · [2004] SUPP. 4 S.C.R. 219
- Case number
- CRIMINAL APPEAL No. 559/1999
- Decided
- 8 September 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
B Penal Code, 1860-Section 302-Murder-Conviction by Trial Court based on circumstantial evidence-Acquittal by High Court-On appeal, Held: Circumstances were not of such conclusive nature as to exclude every possibility except accused being guilty-Identifying eye witness had very C weak eye sight, when he was near accused-It was improbable that accused who was allegedly absconding would carry incriminating materials, go near the police and present himself for arrest-Recovery of b/Ood stained articles on being pointed out by accused was immaterial as place of occurrence was easily
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