Supreme Court of India
Badshah and Ors. v. State of U.P.
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1 Supreme Court bench has cited this judgment.
From the headnote
Penal Code, 1860: · s. 364 - Abduction in order to murder -Accused heavily armed took away the victim stating tha-tthey c would kill him - Thereafter victim not seen alive by any person - Held: Case under s.364 is made out - In terms of s. 118 of Evidence Act, _he is presumed to be dead but in absence of proof of death, a charge under s.302 could not be made. ,.. The prosecution case was that one 'S' was sleeping alongwith PW-3 and .others in the field when appellant and anothEtf accused reached there with guns and caught hold of 'S' and bodily lifted him.
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