Supreme Court · 2009 INSC 715 · Decided 6 May 2009
Subhash Kumar v. State of Uttarakhand
- Court
- Supreme Court of India
- Citation
- 2009 INSC 715 · [2009] 7 S.C.R. 1182
- Case number
- CRIMINAL APPEAL No. 933/2009
- Decided
- 6 May 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 34
Headnote
Penal Code, 1860: s. 302134 -Assault by accused with three co-accused - FIR disclosing name of the accused and the fact of his being armed with weapon - Specific overt act ~ c attributed to him in deposition of the victim - Conviction of all the accused by trial court - High Court confirming the accused - Acquittal of the co-accused giving them benefit of doubt as their names were not ment[oned in FIR and Tl Parade not D conducted - On appeal, Conviction confirmed - The accused is not entitled to acquittal by analogy of the case of the co- accused. CRIMINALAPPELLATE JURISDICTION: Criminal
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