ILC-2011-SC-CRL-Feb-6
Wakkar and another Appellants with Sheikh Zakaullah Vs. The State of U.P.
Indian Penal Code,1860 - Section 147 , Section 148 , Section 302 , Section 201 , The Arms Act,1959 - Section 25 (4)
Trial court sentenced to death - Appeal - High court reduced to life imprisonment - Appeal - Circumstantial evidence only - No eye witness - Body cut into pieces
The Indian Evidence Act, 1872 - Section 27
Recovery of incriminating articles - At instance of accused-cannot form basis of conviction - High court order maintained - Appeal Dismissed.
R.K. Dash, Sr. Advocate, R.K. Gupta, Rajiv Dubey, Kamlendra Mishra, Irshad Ahmad, Advocates with him
Topic(s)-Recovery of incriminating articles
Important Decision(s)- No eye witness - Recovery of incriminating articles - cannot form basis of conviction.