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 the reasoning given by the Courts below for convicting the appellants for the alleged offences and we are of the considered view 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 persons who threatened him and went away – They subsequently came back with more persons at night and assaulted the victim – Allegedly 11 persons were involved in the crime – Victim was taken to police station and FIR was lodged, thereafter he died in the hospital – Trial Court acquitted 6 accused persons, however, remaining 5 persons were convicted u/ss.148,302/149 – Appeal dismissed by the High Court – Aggrieved, two accused persons, -3 and -5 filed appeal – Held: Prosecution…
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