Supreme Court · 2010 INSC 17 · Decided 6 January 2010
Sunil Kumar and ANR. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 17 · [2010] 1 S.C.R. 289
- Case number
- CRIMINAL APPEAL No. 1214/2003
- Decided
- 6 January 2010
- Bench
- V.S. SIRPURKAR, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 149, 147, 326, 302
Headnote
A B Penal Code, 1860 - s.304, Part II rlw ss.147 and 149 - Unlawful assembly with common object - Assault with sticks C - Death, due to coma as a result of head injuries - Conviction of accused-appellants - Challenged - Held: Absence of motive was irrelevant in view of availability of evidence of father of the deceased - Their presence at the incident was most natural - All eye- D witnesses specifically deposed about presence of accused persons and their individual acts in assaulting the deceased on his head - Evidence given by them could not be shaken even in cross-examination -
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