Supreme Court of India
Baliya@ Bal Kishan v. State of M.P.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the foregoing discussions we are of the view D that the conviction of the accused appellants under Section 120 B read with Section 302 IPC is not legally sustainable.
Judgment, page 15
From the headnote
PENAL CODE, 1860: c ss. 302 and 120-8 - Murder - Circumstantial evidence - Held: In the absence of credible ocular evidence, the prosecution in order to succeed has to establish circumstance'S adverse to the accused from which an inference to guilt can reasonably follow - In the instant case, 0 one of the two eye-witnesses has been declared hostile and the evidence of the other has not been found credible - Prosecution has not been able to prove the ingredients of 'criminal conspiracy' -Further, there is serious discrepancy in the statements of prosecution witnesses about the deceased last
Authorities it was built on
Where later benches applied it
- 2014 Raju @ Devendra Choubey v. State of Chhatisgarh
- 2017 Charandas Swami v. State of Gujarat & Anr.
Of those, 1 relied on · 1 referred to
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