Tags Murder Appeal

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 346 of 2002, Judgment Date: Dec 07, 2017

Law laid down -

  1. None explanation of injuries to the accused or to the deceased with a particular weapon is not always fatal, if there is specific ocular evidence.
  2. Section 149 of IPC makes every member of an unlawful assembly at the time of committing the offence guilty of that offence on the principle of constructive liability.
  3. In the case of inconsistency between medical evidence and ocular evidence priority has to be given to ocular evidence ignoring the minor discrepancies.

Prasanna Kumar and another Versus State of M.P.