AIR 1976 SUPREME COURT 2207 ::1976 SCC(Cri) 448

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): R. S. Sarkaria, P. N. Shinghal , JJ

(A) Penal Code (45 of 1860) , S.302, S.34— Prosecution of several accused persons under Section 302 read with Section 34 - Conviction of one alone - Legality. Even if, in a given case, the charge disclosed only the named persons, as co-accused and prosecution witnesses confine their testimony to them, even then it would be permissible to come to the conclusion that others name or unnamed, besides those mentioned in the charge or the evidence of the prosecution witnesses, acted conjointly with one of the charged accused if there was other evidence to lead to the conclusion, but not otherwise. (B) Evidence Act (1 of 1872) , S.9— Identification - Evidence of - Prosecution of A along with other 12 accused persons - Two eye-witnesses identifying A at test identification parade - Fact that these witnesses while identifying A did not say anything with regard to specific part played by A in commission of crime did not render evidence of such identification inadmissible Cr. A. No. 45 of 1969 and Cr. Rev. Case No. 391 of 1969, D/-31-7-1970 (A. P.)., Reversed. (Para 38) .....