Supreme Court of India
Shiv Prakash Mishra v. State of Uttar Pradesh and Another
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What the Court ordered
We hold that though only a prima facie case is to be established from the evidence led before the court, not necessarily tested on the anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity.
Judgment, page 8
From the headnote
Code of Criminal Procedure, 1973 – s.319 – Power under – Exercise of – Complaint lodged that respondent no.2-SCS along with other accused viz. SaS, DS, LKS and RS formed themselves into an unlawful assembly and came to the house of the appellant- complainant and started abusing him due to old enmity – Elder brothers of the appellant, SLM and SKM tried to forbade the accused from abusing – On this, accused SaS fired from the pistol with intention to kill SKM – Second respondent was alleged to have attacked SLM on his head with the butt of home made pistol – SLM succumbed to injuries – Charge…
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