Supreme Court · 2010 INSC 134 · Decided 9 March 2010
Dharamveer and ORS. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 134 · [2010] 3 S.C.R. 162
- Case number
- CRIMINAL APPEAL No. 1348/2004
- Decided
- 9 March 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 3021149, 3071149, 307, 149; Constitution Article 136
Headnote
Penal Code, 1860 - ss.148, 3021149 and 3071149 - Prosecution under - Eye-witnesses to the incident - c Conviction by courts below - On appeal, held: Conviction justified - Delay in despatch of the FIR, enmity between the parties and non-examination of one of the witnesses are not fatal to Article 136 - Jurisdiction D under - Scope of - Power under Article 136 is very wide - Supreme Cqurt can re-appraise the evidence and set aside concurrent fi.nding of fact - However, appreciation of evidence is resorted to, in exceptional circumstances - Where the High Court has analysed the
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