Supreme Court · 2008 INSC 942 · Decided 18 August 2008
Vinay Kumar Rai and ANR. v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 2008 INSC 942 · [2008] 12 S.C.R. 146
- Case number
- CRIMINAL APPEAL No. 371/2006
- Decided
- 18 August 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 27, 34, 302; Evidence Act Section 3; Arms Act Section 27
Headnote
Penal Code, 1860: c ss. 302134 - Murder - Two accused caught hold of de- ceased and on their exhortation, third accused fired at de- ceased resulting in his death- Incident witnessed by witnesses - Conviction of first two accused uls. 302 rlw s. 34, and third accused u/s. 302 and u/s. 27 of the below - Justification of - Held: Justified - Witnesses being close D relative or partisan witness, their evidence should not be dis- carded - Evidence of prosecution witnesses and eye-wit- nesses established the occurrence ofincident, thus s. 34 ap- ~. ,,..,........::....__ plicab/e - Also, there
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