Supreme Court · 2005 INSC 33 · Decided 13 January 2005

Umesh Kamat v. State of Bihar

Court
Supreme Court of India
Citation
2005 INSC 33 · [2005] 1 S.C.R. 474
Case number
CRIMINAL APPEAL No. 23/2004
Decided
13 January 2005
Bench
P. VENKATARAMA REDDI, P.P. NAOLEKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 396; Evidence Act Section 9

Headnote

Penal Code, 1860-Section 396-Dacoity at night-By armed men with • 1 covered faces-Inmate of house killed by firing-Identification of accused- .... c Identification parade held after seven weeks-Appellant alone convicted based on the evidence of PWs /, 3 and 4-Appellant not a person known to identification of Appellant in the Court by PW3, results of identification parade will be of little value-Evidence of PW/ not credible- He belied his own version in cross-examination-There is also doubt if PW4 D could closely observe the identifiable features of Appellant in mask, that too in

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