Supreme Court of India
Rattiram & Ors. Etc. v. State of M.P. through Inspector of Police
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What the Court ordered
We are of the considered opinion that it is C not safe to hold that the accused-appellants Ramesh, Kanchedi, Rattiram and Satyanarayan were present at the spot and, therefore, it will be inappropriate to record a conviction in aid of Section 149 IPC and we are inclined to think so as we entertain a reasonable doubt about their presence at the scene D of occurrence.
Judgment, page 15
From the headnote
PENAL CODE, 1860 s.3021149 - Victim stated to have been assaulted by a number of accused resulting in his death - Conviction - Held: The evidence establishes that five of the accused assaulted the deceased - One of them died before filing of the appeals c - Conviction and sentence of life imprisonment of the 0 remaining four is upheld - As far other accused persons are concerned, there are contradictory statements leading to a reasonable doubt with regard to their presence at the place of occurrence and assaulting the deceased - They are accordingly acquitted - Evidence - Contradictory
Authorities it was built on
- 1964 Masalti v. State of U. P
- 2001 State of Madhya Pradesh v. Bhooraji and Ors.
- 2012 Rattiram & Ors. v. State of M. P. through Inspector of Police
- 1989 Lalji & Ors. v. State of U.P.
- 2011 Ramachandran & Ors. Etc. v. State of Kerala
- 2009 Akbar Sheikh & Ors. v. State of West Bengal
- 2010 Debashis Daw & Ors. v. State of West Bengal
- 2003 Bhargavan and Ors. v. State of Kerala
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