Supreme Court · 2006 INSC 293 · Decided 5 May 2006
Sunny Kapoor v. State (Ut of Chandigarh)
- Court
- Supreme Court of India
- Citation
- 2006 INSC 293 · [2006] SUPP. 1 S.C.R. 881
- Case number
- CONTEMPT PETITION (CRIMINAL) No. 871/2005
- Decided
- 5 May 2006
- Bench
- S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Contempt
- Acts & sections cited
- IPC Section 302, 34, 397
Headnote
B Criminal Trial. Circumstantial evidence-Death due to strangulation--Belongings of deceased missing-FIR lodged against unknown persons-Glaring c discrepancies in regard to date and time of recovery of dead body-Extra- judicial confession made by accused persons appearing doubtful-Evidence of persons-No evidence that all accused persons present when deceased was strangulated-Another person D involved whose name never figured during investigation-Held, common intention not established and charge under Section 302134 not made out- Even no charge of conspiracy framed against accused
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