Supreme Court · 1978 INSC 210 · Decided 18 October 1978
Ganesh Bhavan Patel & ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 1978 INSC 210 · [1979] 2 S.C.R. 94
- Case number
- CRIMINAL APPEAL No. 64/1974
- Decided
- 18 October 1978
- Bench
- Y.V. CHANDRACHUD, R.S. SARKARIA, O. CHINNAPPA REDDY (3-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Indian Penal Code-s. 302-Trial court acquitted the accused but the High Court convicted thenz-Powers of High Court to re·assesJ ei·idence in an appeal fro1n tlll order Of acquittal-If main grounds for acquitting accused are teason· able and plausible H;gh Court should not offence of committing the murder of the deceased. The prosecution relied mainly upon the evidence of three witnesses, P.W. 2, P.W. 3 and P.W. 5 who claimed to be eye\vi.tnesses. of the occurrence. The trial court disbelieved those witnesses and acquitted both the appellants. On appeal the High
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