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AIR 1993 SUPREME COURT 2618 ::1993 AIR SCW 3384
Supreme Court Of India
(From : 1985 Cri LJ NOC 79 (Delhi))
Hon'ble Judge(s): K. Jayachandra Reddy, G. N. Ray , JJ

(A) Penal Code (45 of 1860) , S.300, S.120B— Motive - Relevancy - Illicit relationship between wife of deceased and accused - Deceased objecting and deprecating the same - Serious minunderstanding between deceased and accused - Probability that @page-SC2619accused had motive to kill deceased - Same by itself could not, however, be proof of accused conspiring to get deceased killed. Evidence Act (1 of 1872) , S.3— (Para 6) (B) Evidence Act (1 of 1872) , S.9— Identification parade - It is a step in investigation - Loses its significance when held after enormous delay. Identification parade - Importance. It is true that the test identification parade is a step in investigation, but it is the identification in the Court that is an evidence. The test identification parade assumes importance particularly if held within a reasonable time after the commission of the offence, It loses its significance when there is enormous delay in holding it.(Para 12) (C) Penal Code (45 of 1860) , S.302, S.120B— Murder -Conspiracy -Officence not proved against accused persons alleged to have actually committed murder - Sole remaining accused alleged to have conspired....

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