Supreme Court · 2009 INSC 432 · Decided 31 March 2009
State of Uttar Pradesh v. Shyam Behari & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 432 · [2009] 6 S.C.R. 4
- Case number
- CRIMINAL APPEAL No. 501/2004
- Decided
- 31 March 2009
- Bench
- ARIJIT PASAYAT, D.K. JAIN, MUKUNDAKAM SHARMA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 201
Headnote
IND/AN PENAL CODE, 1860: c ss. 302134 and 201134 - Accused convicted by trial court on circumstantial evidence - Acquittal by High Court holding that the facts with regard to accused last seen with deceased and recovery of dead body not proved - Witness also found .. D not reliable. - Court does not suffer from any deficiency to warrant interference - Circumstantial evidence ·- Tests to be satisfied - Explained. The respondents were convicted and sentenced by the trial court u/ss 302/34 and 201/34 IPC mainly on the ~E circumstantial evidence adduced to establish that
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