Supreme Court · 2006 INSC 342 · Decided 12 May 2006
Budh Singh and ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 342 · [2006] SUPP. 2 S.C.R. 715
- Case number
- CRIMINAL APPEAL No. 1123/1999
- Decided
- 12 May 2006
- Bench
- S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; Arms Act Section 148, 302, 30711491
Headnote
Penal Code, 1860/Arms Act, 1959-Sections 148, 302 and 30711491 Section 27-Murder of two and attempt to murder one-Prosecutionfor­ Lacuna in investigation-Prosecution case not supported by medical evidence-Non-examination of some of the eye-witnesses-Two of the witnesses were related Conviction by High Court-On appeal, held: Acquittal justified in view of facts of the case. Appeal-Appeal against acquittal-Scope of Interference-Power of appellate court-Held: Ordinarily acquittal order is not set aside where two views are possible-However, appellate court is free to consider
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