Supreme Court · 1998 INSC 86 · Decided 12 February 1998

State of U.P. v. Lakhmi

Court
Supreme Court of India
Citation
1998 INSC 86 · [1998] 1 S.C.R. 850
Case number
CRIMINAL APPEAL No. 234/1993
Decided
12 February 1998
Bench
M.M. PUNCHHI, K.T. THOMAS, M. SRINIVASAN (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 300, 84, 302; CrPC Section 313

Headnote

Criminal Procedure Code, 1973-S. 313-Examination of Accused:.._ Incu/patory admissions-Sub-section (4)-Words "may be taken into C consideration in such enquiry or trai/"--Scope of D Indian Penal Code, 1860--S.300-Accused adopting alternative defence during ,examination under Section 313, be denied benefit of the exception. S.300-Exception I-Burden of proof-On accused-Accused entitled to discharge burden either through defence evidence or through prosecution evidence showing preponderance of probability. S.300-A1urder Trial-Post mortem-Non-examination of doctor-Effect E

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