Supreme Court of India

Tomaso Bruno & Anr. v. State of U.P.

Neutral citation

Reported as [2015] 1 S.C.R. 721

Bench Anil R. Dave, Kurian Joseph and R. Banumathi JJ.

Decided 20 January 2015

Status Overruled

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the circumstances and the evidence adduced by the prosecution do not form a complete chain pointing to the guilt of the accused and the benefit of doubt is to be given to the accused and the conviction of the appellants is liable to be set aside.

Judgment, page 27

From the headnote

Penal Code, 1860 - s. 302134 - Murder - Prosecution case that two foreign nationals committed murder of another foreign national on their trip to India as tourists - Offence took place inside the privacy of the hotel room in which the appellant and the deceased were staying together and only the appellants had the opportunity to commit the offence - Appellants' case is that at the relevant time they had gone out and on returning back to the hotel room found the condition of their friend very serious and immediately informed the hotel manager about the same and with the assistance of the hotel

Authorities it was built on

1983 Earabhadrappa Alias Krishnappa v. State of Karnataka cited by 70
2005 State (n.c.t. of Delhi) v. Navjot Sandhu@afsan Guru cited by 46
2012 Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State of Maharashtra cited by 15
1996 C. Chenga Reddy and Ors. v. State of Andhra Pradesh cited by 10
2007 Shivu and Anr. v. R.G. High Court of Karnataka and Anr. cited by 8
2001 Munshi Prasad and Ors. v. State of Bihar cited by 6
2011 Gosu Jairami Reddy & Anr. v. State of A.P. cited by 4
2012 Radhakrishna Nagesh v. State of Andhra Pradesh cited by 1
2013 Umesh Singh v. State of Bihar cited by 1

Where later benches applied it

2024 Allarakha Habib Memon Etc. v. State of Gujarat referred to
2023 Sundar @ Sundarrajan v. State by Inspector of Police referred to
2023 Shankar v. The State of Maharashtra referred to
2022 Mohd. Arif @ Ashfaq v. State (nct of Delhi) referred to
2018 Seema Singh v. Central Bureau of Investigation & Anr. referred to
2018 Shafhi Mohammad v. The State of Himachal Pradesh referred to
2016 Jamnadas v. State of M.P. distinguished
2020 Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors. overruled

Of those, 1 distinguished · 6 referred to · 1 overruled

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