AIR 2018 SUPREME COURT 5339 ::AIR 2019 SC (Criminal) 415 ::2019 (1) ALJ 395 ::AIROnline 2018 SC 677 ::(2019) 1 AllCriLR 558 ::2019 CalCriLR 1 58 ::(2018) 4 Crimes 416 ::(2018) 4 CgLJ 427 ::(2018) 192 AllIndCas 242 (SC) ::(2018) 105 AllCriC 991

Supreme Court Of India

Hon'ble Judge(s): Abhay manohar sapre, Indu malhotra , JJ

Penal Code (45 of 1860) , S.302, S.149, S.148— Evidence Act (1 of 1872) , S.3— Murder by unlawful assembly - Proof - Accused member of unlawful assembly allegedly committed murder of deceased by gun shot - Trial Court acquitted accused from charges of unlawful assembly attained finality in absence of appeal against it by State - Absence of evidence to prove that accused was author of gun shot which killed deceased - Ballistic report not supporting prosecution case as it opined that cartridges fired and recovered from spot could not have so fired from rifle belonging to accused - Alleged rifle not taken in police custody immediately after incident but was surrendered by accused in Court - Accused entitled to benefit of doubt. (Para 18 19 21) .....