Supreme Court of India
C. Magesh and Ors. v. State of Karnataka
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What the Court ordered
In view of the aforesaid inconsistencies available on record, it would not be safe to convict him.
Judgment, page 21
From the headnote
Penal Code, 1860: s. 302 - Charge sheet against 49 accused persons - c Conviction of 7 accused - Upheld by High Court Four accused additionally found guilty by Hifjh Court - On appeal, held: There was consistency in evidence regarding role played by 5 of the accused in the commission of offence - Concurrent finding of facts by courts below against them not 0 interfered with - HowAver, as there was inconsistency, improper identification and absence of specific role attributed to the other 2 accused, their conviction is not sustained. s.302 - Acquittal of four accused by trial court - High
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