Supreme Court of India
Vinay Kumar Rai and Anr. v. The State of Bihar
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From the headnote
Penal Code, 1860: c ss. 302134 - Murder - Two accused caught hold of de- ceased and on their exhortation, third accused fired at de- ceased resulting in his death- Incident witnessed by witnesses - Conviction of first two accused uls. 302 rlw s. 34, and third accused u/s. 302 and u/s. 27 of the Arms Act by courts below - Justification of - Held: Justified - Witnesses being close relative or partisan witness, their evidence should not be dis- carded - Evidence of prosecution witnesses and eye-wit- nesses established the occurrence ofincident, thus s. 34 ap- ~. ,,..,........::....__ plicab/e…
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