Supreme Court · 2008 INSC 1165 · Decided 16 October 2008
Sunil v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1165 · [2008] 14 S.C.R. 533
- Case number
- CRIMINAL APPEAL No. 1620/2008
- Decided
- 16 October 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 143, 144, 147, 148
Headnote
14 S.C.R. 533 SUNIL - v. STATE OF MAHARASHTRA (Criminal Appeal No. 1620 of 2008) OCTOBER 16, 2008 • [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA,JJ.] A B Penal Code, 1860: s. 302 r. w. s. 149 - Conviction under - Correctness of- On facts, held: Not correct- Evidence of wit- c ,_ nesses did on the basis of evidence of eyewitnesses. High Court D affirmed the conviction. Hence the present appeal. Allowing the appeal, the Court HELD: 1. The evidence of PWs 2 and 6 did not es tab-· lish the presence of the appellant at the place of occur- E rence. PW 2 is the father of the
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