Supreme Court · 1996 INSC 295 · Decided 22 February 1996
The State of Karnataka v. Moin Patal and Others
- Court
- Supreme Court of India
- Citation
- 1996 INSC 295 · [1996] 2 S.C.R. 919
- Case number
- CRIMINAL APPEAL No. 113/1983
- Decided
- 22 February 1996
- Bench
- M.K. MUKHERJEE, B.N. KIRPAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 324; CrPC Section 161, 157, 159; Evidence Act Section 114
Headnote
Indian Penal Code, 1860-Section 302/34/324-Murder--Conviction by Trial Court-Acquittal on re-evaluation and re-appreciation of the evidence A B by High Court-On appeal held : High Court order suff eling from glaring and severe e1Tors, based on conjectures and sunnises--Hence, set aside-Long C e1ing. Criminal Pi·ocedure Code, 1973-Section 157-F.I.R.-Delay in despatch or in its receipt by Magistrate-Prosecution case would not get thereby tainted when FIR was promptly lodged and investigation started on D that basis. Evidence Act, 1872-Section 114 III (gHailure to produce
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