Supreme Court of India
Central Bureau of Investigation v. Shyam Bihari & Others
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From the headnote
Penal Code,1860 – ss. 302 and 34 – Murder case – Acquittal of three policeman – Correctness of – Prosecution c ase that prosecution witnesses traveling with the victim, though on a separate scooter, at night in the light of the scooter saw three policemen on the road armed with weapons – Policemen fired at them, hittin g the victim who succumbed to the injuries and the prosecution witne sses managed to escape – Policemen charged of murder while patrol ling u/s. 302/34 – However, acquittal by the trial court – Appeal thereagainst, u/s. 378(3) – Dismissed by the High Court – On appeal, held:
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