Supreme Court of India
Sunil Kumar and Anr. v. State of U.P.
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From the headnote
Penal Code, 1860 - s.304, Part II rlw ss.147 and 149 - Unlawful assembly with common object - Assault with sticks - Death, due to coma as a result of head injuries - Conviction of accused-appellants - Challenged - Held: Absence of motive was irrelevant in view of availability of evidence of 3 eye-witnesses, one of whom was father of the deceased - Their presence at the incident was most natural - All eye- witnesses specifically deposed about presence of accused persons and their individual acts in assaulting the deceased on his head - Evidence given by them could not be shaken even in
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