Supreme Court · 2000 INSC 171 · Decided 30 March 2000
Suresh Rai and ORS. v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2000 INSC 171 · [2000] 2 S.C.R. 796
- Case number
- CRIMINAL APPEAL No. 740/1998
- Decided
- 30 March 2000
- Bench
- S. SAGHIR AHMAD, AJAY PRAKASH MISRA, Y.K. SABHARWAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 109; CrPC Section 174an, 178; Arms Act Section 27
Headnote
Penal Code, 1860-Sections 302 and 34-Appreciation of evidence­ Murder-Three eye-witnesses-Trial Court sentencing accused to life impris­ onment-Confirmed by High Cou1t-On appeal Held, entire investigation was C wholly tainted and there was possibility of false imputation due to long enmity witnesses-Presence of eye-witnesses at scene of occurrence not proved-Conviction, not justified. Cr.P.C., 1973-Sections 174and178-lnquest Report-Scope of inves­ D tigation limited to prima f acie nature of injuries, possible weapons used and possible cause of death. E F G H There was a
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