Supreme Court · 1997 INSC 722 · Decided 7 November 1997
Surendra Narain @ Munna Pandey v. The State of U.P.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 722 · [1997] SUPP. 5 S.C.R. 97
- Case number
- CRIMINAL APPEAL No. 915/1995
- Decided
- 7 November 1997
- Bench
- M.M. PUNCHHI, M. SRINIVASAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
B Indian Penal Code, 1860: Section 302-Murder-Testimony of eye witnesses-FIR mentioning name of the accused-Surrender by accused­ Demand for identification parade-Rejected by Chief Metropolitan C Magistrate-On appeal Sessions Court's directions for identification parade­ Jdentification not not fatal to the prosecution-Evidence has to be weighed and not counted-Once fact of the · murder is proved, no necessity to prove motive. The appellant was prosecuted under section 302 IPC. The case of the prosecution was that the deceased · P' was going in a rickshaw with his
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