Supreme Court · 2013 INSC 643 · Decided 20 September 2013

Vyas Ram @ Vyas Kahar & ORS. v. State of Bihar

Court
Supreme Court of India
Citation
2013 INSC 643 · [2013] 11 S.C.R. 212
Case number
CRIMINAL APPEAL No. 791/2009
Decided
20 September 2013
Bench
A.K. PATNAIK, H.L. GOKHALE (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 149

Headnote

Terrorists and Disruptive Activities (Prevention) Act, 1987 - s.3(1) - Retaliatory attack by group of extremists leading c tq death of 35 persons and injury to 7 persons - Accused­ appellants convicted and sentenced to death - Justification - Held: On facts, even if deficiencies in the appellant no. 2 is rather weak - His name not mentioned in the FIR - PW-2 injured witness 0 failed to identify appellant no.2 in Court - None of the other witnesses including PW-3, another injured witness, attributed any role to him - In the circumstances, appellant no.2 deserves acquittal -

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