Supreme Court · 2003 INSC 510 · Decided 24 September 2003

State of U.P. v. Babu and ORS.

Court
Supreme Court of India
Citation
2003 INSC 510 · [2003] SUPP. 3 S.C.R. 1079
Case number
CRIMINAL APPEAL No. 1638/1996
Decided
24 September 2003
Bench
DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 3951149, 3021149; Constitution

Headnote

B Criminal Law : Evidence-Appreciation of-Dacoity and murder-Accused identified at the spot itself with the help of torchlight and gaslight-Location of the C gaslight not indicated in the site plan-Evidence of eye witnesses supporting prosecution case-Some of the witnesses not supporting the Court-Tenability of-Held, merely because the location of the gaslight was not mentioned in the sketch, that cannot.be a suspicious D circumstance-Accused persons being known to the witnesses, identification was possible even with minimal light-Witnesses closely related to the deceased not

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