Supreme Court · 1997 INSC 473 · Decided 5 May 1997
State of U.P. v. Abdul and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 473 · [1997] SUPP. 1 S.C.R. 62
- Case number
- CRIMINAL APPEAL No. 174/1990
- Decided
- 5 May 1997
- Bench
- M.K. MUKHERJEE, S.P. KURDUKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; CrPC Section 174
Headnote
Criminal law : Criminal Procedure Code, 1973 : Section 174. C Inquest rep01t-FIR mentioned deceased was assaulted by banka but inquest report did not make say reference to banka-High Court disbelieved co"ectness of FIR and evidence of eyewitnesses on ground that their evidence was inquest repo1t-Judgment of High D Court totally unsustainable. Penal Code, 1860: Sections 302/34. Evidence-Appreciation of-FIR mentioned all necessmy details about assault including role and weapon used by each accused-Evidence of brother · E of deceased was found reliable and absolutely no
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