Supreme Court of India

Kishore Chand v. State of Himachal Pradesh

Neutral citation
Reported as [1990] SUPP. 1 S.C.R. 105
Bench P.B. Sawant and K. Ramaswamy JJ.
Decided 29 August 1990

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting with the case, it is necessary to state that from the facts and circumstances of this case it would appear that the investigat- ing officer has taken the appellant, a peon, the driver and the cleaner for ride and trampled upon their fundamental personal liberty and F lugged them in the capital offence punishable under section 302. l.P.C. by freely fabricating evidence against the innocent.

Judgment, page 12

From the headnote

Indian Penal Code, I860: ss. 302 & 20 I-Conviction based on circumstantial evidence-Facts consistent with innocence of accused­ Whether entitled to benefit of doubt-Tendency of free fabrication of • record to implicate innocents in capital offence deprecated. ........ Constitution of India: Articles I4, 19, 2 I & 39A/Universal Decla­ ration of Human Rights: Articles 3 & 10--Indigent accused-Right to liberty and life, equal justice and free legal aid-Need to assign experienced amicus curiae to ensure effective and meaningful defence emphasised. The appellant was convicted nnder ss, 302 and 201

Where later benches applied it

Of those, 2 referred to

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