Supreme Court of India
Javed Masood and Anr. v. State of Rajasthan
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.
3 Supreme Court benches have cited this judgment.
What the Court ordered
For the aforesaid reasons the conviction of the appellants and the sentence imposed on them is set aside and they are directed to be released forthwith.
Judgment, page 14
From the headnote
Penal Code, 1860: s.302 - Conviction under, by courts below, on the basis of evidence of eye witnesses - Justification of - Held: On facts, not justified - Entire prosecution case rested upon the Parcha Bayan lodged by PW-5 - PW-5 was brother of deceased and a highly interested witness - Evidence of PW-6 completely ruled out presence of PW-5 at o the scene of offence - Once his presence is disbelieved, whole case of prosecution would collapse - The police personnel who came on the spot after incident and took deceased to hospital deposed that PWs were not present at the scene of offence -
Where later benches applied it
- 2022 Virendra v. State of Madhya Pradesh
- 2011 Mohd. Imran Khan v. State (govt. of Nct of Delhi)
- 2013 Sanaullah Khan v. State of Bihar
Of those, 2 referred to · 1 mentioned
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