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Supreme Court Of India

(From : Chhattisgarh)

Hon'ble Judge(s): T. S. Thakur, C. Nagappan , JJ

Penal Code (45 of 1860) , S.300, S.148, S.149— Murder - Unlawful assembly - Proof - Allegations that appellants along with accused persons in furtherance of their common object attacked deceased and caused his death - Eye- @page-SC1995witness in his testimony not stating about presence of appellants at place of occurrence and did not attribute any role to them in occurrence - Names of appellants are not mentioned in FIR thereby creating doubt regarding their involvement in offence - No evidence to prove that appellants were either present on spot or that they had committed any overt act - It cannot be said that they share common object of unlawful assembly - Appellants entitled to benefit of doubt.Cri. Appeal No. 12 of 2007 and Cri. Appeal No. 331 of 2007, Dated 31-01-2012 (Chhattisgarh High Court), Reversed.(Paras10,11,12,13,14 (Para 10 11 12 13 14) .....