AIR 1972 SUPREME COURT 1229

Supreme Court Of India

(From: Allahabad)

Hon'ble Judge(s): A. N. Grover, M. H. Beg , JJ

(A) Criminal Trial - Appreciation of evidence - Held, on facts and circumstances, that the theory of some unknown dacoits having committed the crime had not been substantiated and the court was not inclined to believe that when so many villagers had come the appellants would have been falsely involved and implicated if they never came to the scene of the occurrence as was their case.Cri. App. No. 484 of 1970 and Ref. No. 48 of 1970, Dt. 10-11-1970 (All) Affirmed. (Para 10) (B) Penal Code (45 of 1860) , S.302— Sentence Cri App No. 484 of 1970 and Ref. No. 48 of 1970, Dt. 10-11-1970 (All), Reversed. Where it was difficult to say that the injuries caused by accused B alone by gunshot led to the death of the deceased and not the injuries caused by accused S with the phaora, B ought not to have been sentenced to death when sentence of S was reduced to one of life imprisonment.(Para 11) .....