Supreme Court · 2012 INSC 565 · Decided 4 December 2012
Surajit Sarkar v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2012 INSC 565 · [2012] 13 S.C.R. 634
- Case number
- CRIMINAL APPEAL No. 2026/2009
- Decided
- 4 December 2012
- Bench
- SWATANTER KUMAR, MADAN B. LOKUR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302; CrPC Section 154
Headnote
Penal Code, 1860 - s. 304 (Part II) - 6 accused including appellant-accused caused death of one person - Two eye- C witnesses to the incident - Trial court convicted the appellant­ accused u/s. 302 /PC while acquitted the rest of the accused - Order confirmed by High Court - On appeal, held: guilty of causing death in view of the evidence of the eye-witness PW-7 - The D appellant-accused cannot be absolved of his involvement in the offence only because other co-accused were acquitted - However, in view of the nature of injuries on the deceased, the appellant-accused cannot be held
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