Supreme Court of India
Shanker v. State of Madhya Pradesh
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What the Court ordered
In view of the foregoing, we are not able to appreciate t he reasoning given by the Courts below for convicting the appella nts for the alleged offences and we are of the considered vi ew that the prosecution has miserably failed to prove the guilt of the accused beyond reasonable doubt.
Judgment, page 11
From the headnote
Penal Code, 1860 – s.302 – Prosecution case that the victim while attending a marriage, had altercation with some per sons who threatened him and went away – They subsequently came back with more persons at night and assaulted the victim – Al legedly 11 persons were involved in the crime – Victim was tak en to police station and FIR was lodged, thereafter he died in t he hospital – Trial Court acquitted 6 accused persons, however, r emaining 5 persons were convicted u/ss.148,302/149 – Appeal di smissed by the High Court – Aggrieved, two accused persons, - 3 and -5 filed appeal – Held:
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