Supreme Court · 2008 INSC 1344 · Decided 25 November 2008

State REP. BY Inspector of Police, Tamil Nadu v. Rajendran & ORS.

Court
Supreme Court of India
Citation
2008 INSC 1344 · [2008] 16 S.C.R. 614
Case number
CRIMINAL APPEAL No. 755/2001
Decided
25 November 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302134, 302; Arms Act Section 25

Headnote

PENAL CODE, 1860: s. 302134 - Four accused attacking a person indiscriminately with 'aruva/' and metal tipped stick causing his death - Evidence of eye'-witnesses adduced - Conviction by trial court - Acquittal by High Court - HELD: Judgment of o High Court is full and contrary to evidence on record - No basis for arriving at such conclu~ions , indicated - There wa$ nothing to discard evidence of eye­ ' witnesses - Judgment of .High Court being indefensible, set aside. - Arms Act, 1.9:59 - s.25. E Respondents nos. 1 to 4 were prosecuted for murder

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