Supreme Court of India
Chetram v. State of Uttarakhand
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result this appeal is allowed and the conviction G and sentence imposed on the appellant Chetram/accused No.2 are set aside and he is acquitted of the charge.
Judgment, page 7
From the headnote
PENAL CODE, 1860: c s.302 rlw s.34 - Murder - Two accused - One of them stabbed the victim resulting into his death - Conviction by courts below of both - Plea of appellant that no role was attributed to him in the crime - Held: No role was assigned to appellant in FIR or in statement u/s 161 by solitary eye- witness - His testimony before court stating that appellant caught hold of victim is an improvement over his statement in FIR and uls 161 CrPC - This creates a suspicion about overt act attributed to appellant - His involvement in the incident remains doubtful - Accordingly, appellant is
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Where later benches applied it
Of those, 1 mentioned
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