Supreme Court of India
Subhash v. State of Uttar Pradesh
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What the Court ordered
For the above reason, we are of the view that the acc used- appellants Subhash (A-3) and Gyanvati (A-6) are entitled to the benefit of doubt.
Judgment, page 10
From the headnote
Penal Code, 1860 – s.302 r/w s.149 and s.148 – Murder – Informant was sitting with his brother, the deceased, on a cot when the six accused persons allegedly arrived at the scene – Allegation that -3 and three other accused, who were armed wi th pistols, fired at the deceased, while one other accused ‘SD’, who was armed with an axe, and -6, who was armed with knife, assaulted deceas ed on his neck – Sessions Judge convicted all six accused u/s.302 r/w 149 and 148 IPC – High Court confirmed the conviction – On ap peal by -3 and -6, held: On facts, the presence of both PW- 1 and PW- 2 at the
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